CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS - Texas Statutes

EDUCATION CODE

TITLE 2. PUBLIC EDUCATION

SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND

VOLUNTEERS

CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS

SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS

Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL DUES. (a) A

school district employee is entitled to have an amount deducted

from the employee's salary for membership fees or dues to a

professional organization. The employee must:

(1) file with the district a signed written request identifying

the organization and specifying the number of pay periods per

year the deductions are to be made; and

(2) inform the district of the total amount of the fees and dues

for each year or have the organization notify the district of the

amount.

(b) The district shall deduct the total amount of the fees or

dues for a year in equal amounts per pay period for the number of

periods specified by the employee. The deductions shall be made

until the employee requests in writing that the deductions be

discontinued.

(c) The school district may charge an administrative fee for

making the deduction. A fee imposed for making a salary deduction

under this section may not exceed either the actual

administrative cost of making the deduction or the lowest fee the

district charges for similar salary deductions, whichever is

less.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION.

(a) In this section, "school employee" means any person employed

by a school district in an executive, administrative, or clerical

capacity or as a superintendent, principal, teacher, or

instructor.

(b) Any school employee's assignment, pledge, or transfer, as

security for indebtedness, of any interest in or part of the

employee's salary or wages then due or that may become due under

an existing contract of employment is enforceable only:

(1) if, before or at the time of execution, delivery, or

acceptance of an assignment, pledge, or transfer, written

approval is obtained in accordance with the policy of the

employing school district; and

(2) to the extent that the indebtedness it secures is a valid

and enforceable obligation.

(c) A school district shall honor an assignment, pledge, or

transfer fulfilling the conditions of Subsection (b) without

incurring any liability to the school employee executing the

assignment, pledge, or transfer. Payment to any assignee,

pledgee, or transferee in accordance with the terms of the

instrument constitutes payment to or for the account of the

assignor, pledgor, or transferor. An assignment, pledge, or

transfer is enforceable only to the extent of salary due or that

may become due during continuation of the assignor's employment

as a school employee.

(d) Venue for any suit against the employer of a school employee

to enforce an assignment, pledge, or transfer of salary is in the

county where the employing school is located.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 22.003. MINIMUM PERSONAL LEAVE PROGRAM. (a) A state

minimum personal leave program consisting of five days per year

personal leave with no limit on accumulation and transferable

among districts shall be provided for school district employees.

School districts may provide additional personal leave beyond

this minimum. The board of trustees of a school district may

adopt a policy governing an employee's use of personal leave

granted under this subsection, except that the policy may not

restrict:

(1) the purposes for which the leave may be used; or

(2) the order in which an employee may use the state minimum

personal leave and any additional personal leave provided by the

school district.

(b) In addition to all other days of leave provided by this

section or by the school district, an employee of a school

district who is physically assaulted during the performance of

the employee's regular duties is entitled to the number of days

of leave necessary to recuperate from all physical injuries

sustained as a result of the assault. At the request of an

employee, the school district must immediately assign an employee

to assault leave and, on investigation of the claim, may change

the assault leave status and charge the leave against the

employee's accrued personal leave or against an employee's pay if

insufficient accrued personal leave is available. Days of leave

taken under this subsection may not be deducted from accrued

personal leave. The period provided by this subsection may not

extend more than two years beyond the date of the assault.

Notwithstanding any other law, assault leave policy benefits due

to an employee shall be coordinated with temporary income

benefits due from workers' compensation so that the employee's

total compensation from temporary income benefits and assault

leave policy benefits equals 100 percent of the employee's weekly

rate of pay.

(c) For purposes of Subsection (b), an employee of a school

district is physically assaulted if the person engaging in the

conduct causing injury to the employee:

(1) could be prosecuted for assault; or

(2) could not be prosecuted for assault only because the

person's age or mental capacity makes the person a nonresponsible

person for purposes of criminal liability.

(c-1) Any informational handbook a school district provides to

employees in an electronic or paper form or makes available by

posting on the district website must include notification of an

employee's rights under Subsection (b) in the relevant section of

the handbook. Any form used by a school district through which

an employee may request leave under this section must include

assault leave under Subsection (b) as an option.

(d) A school district employee with available personal leave

under this section is entitled to use the leave for compensation

during a term of active military service. This subsection applies

to any personal or sick leave available under former law or

provided by local policy of a school district, including a

home-rule school district.

(e) A school district, including a home-rule school district,

may adopt a policy providing for the paid leave of absence of

employees taking leave for active military service as part of the

consideration of employment by the district.

(f) A public school employee who retains any sick leave

accumulated under former Section 13.904(a), as that section

existed on January 1, 1995, is entitled to use the sick leave

provided under that section or the personal leave provided under

Subsection (a) in any order to the extent that the leave the

employee uses is appropriate to the purpose of the leave.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 936, Sec. 1, eff. June

18, 1997; Acts 2001, 77th Leg., ch. 1015, Sec. 1, eff. June 15,

2001; Acts 2003, 78th Leg., ch. 971, Sec. 2, eff. June 20, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

19, Sec. 1, eff. May 12, 2009.

Acts 2009, 81st Leg., R.S., Ch.

379, Sec. 1, eff. June 19, 2009.

Sec. 22.004. GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES. (a) A

district shall participate in the uniform group coverage program

established under Chapter 1579, Insurance Code, as provided by

Subchapter D of that chapter.

(b) A district that does not participate in the program

described by Subsection (a) shall make available to its employees

group health coverage provided by a risk pool established by one

or more school districts under Chapter 172, Local Government

Code, or under a policy of insurance or group contract issued by

an insurer, a company subject to Chapter 842, Insurance Code, or

a health maintenance organization under Chapter 843, Insurance

Code. The coverage must meet the substantive coverage

requirements of Chapter 1251, Subchapter A, Chapter 1364, and

Subchapter A, Chapter 1366, Insurance Code, and any other law

applicable to group health insurance policies or contracts issued

in this state. The coverage must include major medical treatment

but may exclude experimental procedures. In this subsection,

"major medical treatment" means a medical, surgical, or

diagnostic procedure for illness or injury. The coverage may

include managed care or preventive care and must be comparable to

the basic health coverage provided under Chapter 1551, Insurance

Code. The board of trustees of the Teacher Retirement System of

Texas shall adopt rules to determine whether a school district's

group health coverage is comparable to the basic health coverage

specified by this subsection. The rules must provide for

consideration of the following factors concerning the district's

coverage in determining whether the district's coverage is

comparable to the basic health coverage specified by this

subsection:

(1) the deductible amount for service provided inside and

outside of the network;

(2) the coinsurance percentages for service provided inside and

outside of the network;

(3) the maximum amount of coinsurance payments a covered person

is required to pay;

(4) the amount of the copayment for an office visit;

(5) the schedule of benefits and the scope of coverage;

(6) the lifetime maximum benefit amount; and

(7) verification that the coverage is issued by a provider

licensed to do business in this state by the Texas Department of

Insurance or is provided by a risk pool authorized under Chapter

172, Local Government Code, or that a district is capable of

covering the assumed liabilities in the case of coverage provided

through district self-insurance.

(c) The cost of the coverage provided under the program

described by Subsection (a) shall be paid by the state, the

district, and the employees in the manner provided by Subchapter

F, Chapter 1579, Insurance Code. The cost of coverage provided

under a plan adopted under Subsection (b) shall be shared by the

employees and the district using the contributions by the state

described by Subchapter F, Chapter 1579, Insurance Code, or

Subchapter D.

(d) Each district shall report the district's compliance with

this section to the executive director of the Teacher Retirement

System of Texas not later than March 1 of each even-numbered year

in the manner required by the board of trustees of the Teacher

Retirement System of Texas. For a district that does not

participate in the program described by Subsection (a), the

report must be available for review, together with the policy or

contract for the group health coverage plan, at the central

administrative office of each campus in the district and be

posted on the district's Internet website if the district

maintains a website, must be based on the district group health

coverage plan in effect during the current plan year, and must

include:

(1) appropriate documentation of:

(A) the district's contract for group health coverage with a

provider licensed to do business in this state by the Texas

Department of Insurance or a risk pool authorized under Chapter

172, Local Government Code; or

(B) a resolution of the board of trustees of the district

authorizing a self-insurance plan for district employees and of

the district's review of district ability to cover the liability

assumed;

(2) the schedule of benefits;

(3) the premium rate sheet, including the amount paid by the

district and employee;

(4) the number of employees covered by the health coverage plan

offered by the district;

(5) information concerning the ease of completing the report, as

required by the executive director of the Teacher Retirement

System of Texas; and

(6) any other information considered appropriate by the

executive director of the Teacher Retirement System of Texas.

(e) The executive director of the Teacher Retirement System of

Texas shall submit a report to the legislature not later than

September 1 of each even-numbered year describing the status of

each district's group health coverage program based on the

information contained in the report required by Subsection (d).

The retirement system shall post the report on the Internet

website maintained by the system.

(f) A school district that does not participate in the program

described by Subsection (a) may not contract with an insurer, a

company subject to Chapter 842, Insurance Code, or a health

maintenance organization to issue a policy or contract under this

section, or with any person to assist the school district in

obtaining or managing the policy or contract unless, before the

contract is entered into, the insurer, company, organization, or

person provides the district with an audited financial statement

showing the financial condition of the insurer, company,

organization, or person.

(g) An insurer, a company subject to Chapter 842, Insurance

Code, or a health maintenance organization that issues a policy

or contract under this section and any person that assists the

school district in obtaining or managing the policy or contract

for compensation shall provide an annual audited financial

statement to the school district showing the financial condition

of the insurer, company, organization, or person.

(h) An audited financial statement provided under this section

must be made in accordance with rules adopted by the commissioner

of insurance or with generally accepted accounting principles, as

applicable.

(i) Notwithstanding any other provision of this section, a

district participating in the uniform group coverage program

established under Chapter 1579, Insurance Code, may not make

group health coverage available to its employees under this

section after the date on which the program of coverages provided

under Chapter 1579, Insurance Code, is implemented.

(j) This section does not preclude a district that is

participating in the uniform group coverage program established

under Chapter 1579, Insurance Code, from entering into contracts

to provide optional insurance coverages for the employees of the

district.

(k) Notwithstanding any other law, an employee of a district

participating in the uniform group coverage program under

Subsection (a) or providing group health coverage under

Subsection (b) whose resignation is effective after the last day

of an instructional year is entitled to participate or be

enrolled in the uniform group coverage plan or the group health

coverage through the first anniversary of the date participation

in or coverage under the uniform group coverage plan or the group

health coverage was first made available to district employees

for the last instructional year in which the employee was

employed by the district.

(l) If an employee's resignation is effective after the last day

of an instructional year, the district may not diminish or

eliminate the amount of a contribution available to the employee

under Chapter 1581, Insurance Code, before the last date on which

the employee is entitled to participation or enrollment under

Subsection (k).

(m) Notwithstanding any other law, group health benefit coverage

provided by or offered through a district to district employees

under any law is subject to the requirements of Sections

1501.102-1501.105, Insurance Code. This section applies to all

group health benefit coverage provided by or offered through a

district to district employees, including:

(1) a standard health benefit plan issued under Chapter 1507,

Insurance Code; and

(2) health and accident coverage provided through a risk pool

established under Chapter 172, Local Government Code.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 37, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1540, Sec. 28, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1187, Sec. 3.18, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, Sec. 56, eff. Sept.

1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.511, eff. Sept.

1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

386, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

728, Sec. 11.108, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

899, Sec. 18.01, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1359, Sec. 4, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

108, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1230, Sec. 14, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

103, Sec. 1, eff. September 1, 2009.

Sec. 22.005. HEALTH CARE PLAN AND FUND. (a) The board of

trustees of a school district may establish a health care plan

for employees of the district and dependents of employees.

(b) In implementing the health care plan, the board shall

establish a fund to pay, as authorized under the plan, all or

part of the actual costs for hospital, surgical, medical, dental,

or related health care incurred by employees of the district or

any dependent whose participation in the program is being

supported by deductions from the salary of an employee. Under the

plan, the fund also may be used to pay the costs of administering

the fund. The fund consists of money contributed by the school

district and money deducted from salaries of employees for

dependent or employee coverage. Money for the fund may not be

deducted from the salary of a school district employee unless the

employee authorizes the deduction in writing. The plan shall

attempt to protect the school district against unanticipated

catastrophic individual loss, or unexpectedly large aggregate

loss, by securing individual stop-loss coverage, or aggregate

stop-loss coverage, or both, from a commercial insurer.

(c) The board may amend or cancel the district's health care

plan at any regular or special meeting of the board. If the plan

is canceled, any valid claim against the fund for payment of

health care costs resulting from illness or injury occurring

during the time the plan was in effect shall be paid out of the

fund. If the fund is insufficient to pay the claim, the costs

shall be paid out of other available school district funds.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 22.006. DISCRIMINATION BASED ON JURY SERVICE PROHIBITED.

(a) A school district may not discharge, discipline, reduce the

salary of, or otherwise penalize or discriminate against a school

district employee because of the employee's compliance with a

summons to appear as a juror.

(b) For each regularly scheduled workday on which a nonsalaried

employee serves in any phase of jury service, a school district

shall pay the employee the employee's normal daily compensation.

(c) An employee's accumulated personal leave may not be reduced

because of the employee's service in compliance with a summons to

appear as a juror.

Added by Acts 1999, 76th Leg., ch. 656, Sec. 1, eff. Aug. 30,

1999.

Sec. 22.007. INCENTIVES FOR EARLY RETIREMENT. A district may

not offer or provide a financial or other incentive to an

employee of the district to encourage the employee to retire from

the Teacher Retirement System of Texas.

Added by Acts 2005, 79th Leg., Ch.

1359, Sec. 5, eff. September 1, 2005.

SUBCHAPTER B. CIVIL IMMUNITY

Sec. 22.051. DEFINITION; OTHER IMMUNITY. (a) In this

subchapter, "professional employee of a school district"

includes:

(1) a superintendent, principal, teacher, including a substitute

teacher, supervisor, social worker, counselor, nurse, and

teacher's aide employed by a school district;

(2) a teacher employed by a company that contracts with a school

district to provide the teacher's services to the district;

(3) a student in an education preparation program participating

in a field experience or internship;

(4) a school bus driver certified in accordance with standards

and qualifications adopted by the Department of Public Safety of

the State of Texas;

(5) a member of the board of trustees of an independent school

district; and

(6) any other person employed by a school district whose

employment requires certification and the exercise of discretion.

(b) The statutory immunity provided by this subchapter is in

addition to and does not preempt the common law doctrine of

official and governmental immunity.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.

Sec. 22.0511. IMMUNITY FROM LIABILITY. (a) A professional

employee of a school district is not personally liable for any

act that is incident to or within the scope of the duties of the

employee's position of employment and that involves the exercise

of judgment or discretion on the part of the employee, except in

circumstances in which a professional employee uses excessive

force in the discipline of students or negligence resulting in

bodily injury to students.

(b) This section does not apply to the operation, use, or

maintenance of any motor vehicle.

(c) In addition to the immunity provided under this section and

under other provisions of state law, an individual is entitled to

any immunity and any other protections afforded under the Paul D.

Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731

et seq.), as amended. Nothing in this subsection shall be

construed to limit or abridge any immunity or protection afforded

an individual under state law. For purposes of this subsection,

"individual" includes a person who provides services to private

schools, to the extent provided by federal law.

(d) A school district may not by policy, contract, or

administrative directive:

(1) require a district employee to waive immunity from liability

for an act for which the employee is immune from liability under

this section; or

(2) require a district employee who acts in good faith to pay

for or replace property belonging to a student or other person

that is or was in the possession of the employee because of an

act that is incident to or within the scope of the duties of the

employee's position of employment.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Renumbered from Sec. 22.051 and amended by Acts 2003, 78th

Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th

Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

116, Sec. 1, eff. May 17, 2007.

Sec. 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR

PROFESSIONAL EMPLOYEES. (a) A professional employee of a school

district may not be subject to disciplinary proceedings for the

employee's use of physical force against a student to the extent

justified under Section 9.62, Penal Code.

(b) In this section, "disciplinary proceeding" means:

(1) an action brought by the school district employing a

professional employee of a school district to discharge or

suspend the employee or terminate or not renew the employee's

term contract; or

(2) an action brought by the State Board for Educator

Certification to enforce the educator's code of ethics adopted

under Section 21.041(b)(8).

(c) This section does not prohibit a school district from:

(1) enforcing a policy relating to corporal punishment; or

(2) notwithstanding Subsection (a), bringing a disciplinary

proceeding against a professional employee of the district who

violates the district policy relating to corporal punishment.

Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1,

2003.

Sec. 22.0513. NOTICE OF CLAIM. (a) Not later than the 90th day

before the date a person files a suit against a professional

employee of a school district, the person must give written

notice to the employee of the claim, reasonably describing the

incident from which the claim arose.

(b) A professional employee of a school district against whom a

suit is pending who does not receive written notice, as required

by Subsection (a), may file a plea in abatement not later than

the 30th day after the date the person files an original answer

in the court in which the suit is pending.

(c) The court shall abate the suit if the court, after a

hearing, finds that the person is entitled to an abatement

because notice was not provided as required by this section.

(d) An abatement under Subsection (c) continues until the 90th

day after the date that written notice is given to the

professional employee of a school district as provided by

Subsection (a).

Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.

Sec. 22.0514. EXHAUSTION OF REMEDIES. A person may not file

suit against a professional employee of a school district unless

the person has exhausted the remedies provided by the school

district for resolving the complaint.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.

Sec. 22.0515. LIMITATION ON DAMAGES. The liability of a

professional employee of a school district or of an individual

that is entitled to any immunity and other protections afforded

under the Paul D. Coverdell Teacher Protection Act of 2001 (20

U.S.C. Section 6731 et seq.), as amended, for an act incident to

or within the scope of duties of the employee's position of

employment may not exceed $100,000. The limitation on liability

provided by this subsection does not apply to any attorney's fees

or court costs that may be awarded against the professional

employee under Section 22.0517.

Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1,

2003.

Sec. 22.0516. ALTERNATIVE DISPUTE RESOLUTION. A court in which

a judicial proceeding is being brought against a professional

employee of a school district may refer the case to an

alternative dispute resolution procedure as described by Chapter

154, Civil Practice and Remedies Code.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.

Sec. 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST

PROFESSIONAL EMPLOYEE. In an action against a professional

employee of a school district involving an act that is incidental

to or within the scope of duties of the employee's position of

employment and brought against the employee in the employee's

individual capacity, the employee is entitled to recover

attorney's fees and court costs from the plaintiff if the

employee is found immune from liability under this subchapter.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1,

2003; Acts 2003, 78th Leg. ch. 1197, Sec. 1, eff. Sept. 1, 2003.

Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT

EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY.

(a) On the adoption of policies concerning the administration of

medication to students by school district employees, the school

district, its board of trustees, and its employees are immune

from civil liability from damages or injuries resulting from the

administration of medication to a student if:

(1) the school district has received a written request to

administer the medication from the parent, legal guardian, or

other person having legal control of the student; and

(2) when administering prescription medication, the medication

is administered either:

(A) from a container that appears to be:

(i) the original container; and

(ii) properly labeled; or

(B) from a properly labeled unit dosage container filled by a

registered nurse or another qualified district employee, as

determined by district policy, from a container described by

Paragraph (A).

(b) The board of trustees may allow a licensed physician or

registered nurse who provides volunteer services to the school

district and for whom the district provides liability insurance

to administer to a student:

(1) nonprescription medication; or

(2) medication currently prescribed for the student by the

student's personal physician.

(c) This section may not be construed as granting immunity from

civil liability for injuries resulting from gross negligence.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2003, 78th Leg., ch. 1197, Sec. 2, eff.

Sept. 1, 2003.

Sec. 22.053. SCHOOL DISTRICT VOLUNTEERS. (a) A volunteer who

is serving as a direct service volunteer of a school district is

immune from civil liability to the same extent as a professional

employee of a school district under Section 22.0511.

(b) In this section, "volunteer" means a person providing

services for or on behalf of a school district, on the premises

of the district or at a school-sponsored or school-related

activity on or off school property, who does not receive

compensation in excess of reimbursement for expenses.

(c) This section does not limit the liability of a person for

intentional misconduct or gross negligence.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.02, eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 3, eff. Sept.

1, 2003.

Sec. 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER

EDUCATION. (a) A private or independent institution of higher

education is not liable for damages arising from an act or

omission of a person associated with the institution, including

an employee or student, arising in the course and scope of that

person's activities as a volunteer in a primary or secondary

school.

(b) A school district may agree to provide or pay for attorney

services for the defense of a private or independent institution

of higher education if:

(1) the institution is assisting in the provision of volunteer

services to primary or secondary schools in the district;

(2) a claim for damages is brought against the institution in

relation to those services; and

(3) the board of trustees of the school district reasonably

believes that the institution is not liable for the claim under

Subsection (a).

(c) In this section:

(1) "Private or independent institution of higher education" has

the meaning assigned by Section 61.003.

(2) "Volunteer" means a person rendering services for or on

behalf of a public school who does not receive compensation from

the district in excess of reimbursement for expenses. The person

may receive compensation from a person other than the district.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Sec. 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may award

costs and reasonable attorney's fees to a school district

employee acting under color of employment to the same extent that

a court may award costs and attorney's fees to a school district

or school district officer under Section 11.161.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

SUBCHAPTER C. CRIMINAL HISTORY RECORDS

Sec. 22.081. DEFINITIONS. In this subchapter:

(1) "Department" means the Department of Public Safety.

(2) "National criminal history record information" means

criminal history record information obtained from the department

under Subchapter F, Chapter 411, Government Code, and from the

Federal Bureau of Investigation under Section 411.087, Government

Code.

(3) "Private school" means a school that:

(A) offers a course of instruction for students in one or more

grades from prekindergarten through grade 12; and

(B) is not operated by a governmental entity.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 6, eff. June 15, 2007.

Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE BOARD

FOR EDUCATOR CERTIFICATION. The State Board for Educator

Certification shall subscribe to the criminal history

clearinghouse as provided by Section 411.0845, Government Code,

and may obtain from any law enforcement or criminal justice

agency all criminal history record information and all records

contained in any closed criminal investigation file that relate

to a specific applicant for or holder of a certificate issued

under Subchapter B, Chapter 21.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 6, eff. June 15, 2007.

Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY

LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school

district, open-enrollment charter school, or shared services

arrangement shall obtain criminal history record information that

relates to a person who is not subject to a national criminal

history record information review under this subchapter and who

is an employee of:

(1) the district or school; or

(2) a shared services arrangement, if the employee's duties are

performed on school property or at another location where

students are regularly present.

(a-1) A school district, open-enrollment charter school, or

shared services arrangement may obtain the criminal history

record information from:

(1) the department;

(2) a law enforcement or criminal justice agency; or

(3) a private entity that is a consumer reporting agency

governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681

et seq.).

(a-2) A shared services arrangement may obtain from any law

enforcement or criminal justice agency all criminal history

record information that relates to a person who is not subject to

Subsection (a) and whom the shared services arrangement intends

to employ in any capacity.

(b) A private school or regional education service center may

obtain from any law enforcement or criminal justice agency all

criminal history record information that relates to:

(1) a person whom the school or service center intends to employ

in any capacity; or

(2) an employee of or applicant for employment by a person that

contracts with the school or service center to provide services,

if:

(A) the employee or applicant has or will have continuing duties

related to the contracted services; and

(B) the employee or applicant has or will have direct contact

with students.

(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27,

eff. June 15, 2007.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27,

eff. June 15, 2007.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 20, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 7, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 8, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 27, eff. June 15, 2007.

Sec. 22.0831. NATIONAL CRIMINAL HISTORY RECORD INFORMATION

REVIEW OF CERTIFIED EDUCATORS. (a) In this section, "board"

means the State Board for Educator Certification.

(b) This section applies to a person who is an applicant for or

holder of a certificate under Subchapter B, Chapter 21, and who

is employed by or is an applicant for employment by a school

district, open-enrollment charter school, or shared services

arrangement.

(c) The board shall review the national criminal history record

information of a person who has not previously submitted

fingerprints to the department or been subject to a national

criminal history record information review.

(d) The board shall place an educator's certificate on inactive

status for failure to comply with a deadline for submitting

information required under this section.

(e) The board may allow a person who is applying for a

certificate under Subchapter B, Chapter 21, and who currently

resides in another state to submit the person's fingerprints and

other required information in a manner that does not impose an

undue hardship on the person.

(f) The board may propose rules to implement this section,

including rules establishing:

(1) deadlines for a person to submit fingerprints and

photographs in compliance with this section; and

(2) sanctions for a person's failure to comply with the

requirements of this section, including suspension or revocation

of a certificate or refusal to issue a certificate.

(g) The board by rule shall establish a schedule for obtaining

and reviewing the information a certified educator must provide

the board under this section. Not later than September 1, 2011,

the board must obtain all national criminal history record

information on all certified educators. This subsection expires

October 1, 2011.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION

REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES. (a)

The agency shall review the national criminal history record

information of an employee of an open-enrollment charter school

to whom Section 12.1059 applies in the same manner as the State

Board for Educator Certification reviews certified educators

under Section 22.0831. If the agency determines that, based on

information contained in an employee's criminal history record

information, the employee would not be eligible for educator

certification under Subchapter B, Chapter 21, the agency shall

notify the open-enrollment charter school in writing that the

person may not be employed by the school or serve in a capacity

described by Section 12.1059.

(b) An open-enrollment charter school must provide the agency

with any information requested by the agency to enable the agency

to complete a review under Subsection (a). Failure of an

open-enrollment charter school to provide information under this

subsection is a material violation of the school's charter.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION

REVIEW OF NONCERTIFIED EMPLOYEES. (a) This section applies to a

person who is not an applicant for or holder of a certificate

under Subchapter B, Chapter 21, and who on or after January 1,

2008, is offered employment by:

(1) a school district or open-enrollment charter school; or

(2) a shared services arrangement, if the employee's or

applicant's duties are or will be performed on school property or

at another location where students are regularly present.

(b) A person to whom this section applies must submit to a

national criminal history record information review under this

section before being employed or serving in a capacity described

by Subsection (a).

(c) Before or immediately after employing or securing the

services of a person to whom this section applies, a school

district, open-enrollment charter school, or shared services

arrangement shall send or ensure that the person sends to the

department information that is required by the department for

obtaining national criminal history record information, which may

include fingerprints and photographs.

(d) The department shall obtain the person's national criminal

history record information and report the results through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code.

(e) Each school district, open-enrollment charter school, and

shared services arrangement shall obtain all criminal history

record information that relates to a person to whom this section

applies through the criminal history clearinghouse as provided by

Section 411.0845, Government Code, and shall subscribe to the

criminal history record information of the person.

(f) The school district, open-enrollment charter school, or

shared services arrangement may require a person to pay any fees

related to obtaining criminal history record information under

this section.

(g) A school district, open-enrollment charter school, or shared

services arrangement shall provide the agency with the name of a

person to whom this section applies. The agency shall obtain all

criminal history record information of the person through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code. The agency shall examine the criminal history

record information of the person and notify the district, school,

or shared services arrangement if the person may not be hired or

must be discharged as provided by Section 22.085.

(h) The agency, the State Board for Educator Certification,

school districts, open-enrollment charter schools, and shared

services arrangements may coordinate as necessary to ensure that

criminal history reviews authorized or required under this

subchapter are not unnecessarily duplicated.

(i) The department in coordination with the commissioner may

adopt rules necessary to implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF

CERTAIN CONTRACT EMPLOYEES. (a) This subsection applies to a

person who is not an applicant for or holder of a certificate

under Subchapter B, Chapter 21, and who on or after January 1,

2008, is offered employment by an entity that contracts with a

school district, open-enrollment charter school, or shared

services arrangement to provide services, if:

(1) the employee or applicant has or will have continuing duties

related to the contracted services; and

(2) the employee or applicant has or will have direct contact

with students.

(b) A person to whom Subsection (a) applies must submit to a

national criminal history record information review under this

section before being employed or serving in a capacity described

by that subsection.

(c) Before or immediately after employing or securing the

services of a person to whom Subsection (a) applies, the entity

contracting with a school district, open-enrollment charter

school, or shared services arrangement shall send or ensure that

the person sends to the department information that is required

by the department for obtaining national criminal history record

information, which may include fingerprints and photographs. The

department shall obtain the person's national criminal history

record information and report the results through the criminal

history clearinghouse as provided by Section 411.0845, Government

Code.

(d) An entity contracting with a school district,

open-enrollment charter school, or shared services arrangement

shall obtain all criminal history record information that relates

to a person to whom Subsection (a) applies through the criminal

history clearinghouse as provided by Section 411.0845, Government

Code. The entity shall certify to the school district that the

entity has received all criminal history record information

relating to a person to whom Subsection (a) applies.

(e) A school district, open-enrollment charter school, or shared

services arrangement may obtain the criminal history record

information of a person to whom this section applies through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code.

(f) In the event of an emergency, a school district may allow a

person to whom Subsection (a) or (g) applies to enter school

district property if the person is accompanied by a district

employee. A school district may adopt rules regarding an

emergency situation under this subsection.

(g) An entity that contracts with a school district,

open-enrollment charter school, or shared services arrangement to

provide services shall obtain from any law enforcement or

criminal justice agency or a private entity that is a consumer

reporting agency governed by the Fair Credit Reporting Act (15

U.S.C. Section 1681 et seq.), all criminal history record

information that relates to an employee of the entity who is

employed before January 1, 2008, and who is not subject to a

national criminal history record information review under

Subsection (b) if:

(1) the employee has continuing duties related to the contracted

services; and

(2) the employee has direct contact with students.

(h) A school district, open-enrollment charter school, or shared

services arrangement may obtain from any law enforcement or

criminal justice agency all criminal history record information

that relates to a person to whom Subsection (g) applies.

(i) An entity shall certify to a school district that it has

received all criminal history record information required by

Subsection (g).

(j) The commissioner may adopt rules as necessary to implement

this section.

(k) The requirements of this section apply to an entity that

contracts directly with a school district, open-enrollment

charter school, or shared services arrangement and any

subcontractor of the entity.

(l) A contracting entity shall require that a subcontracting

entity obtain all criminal history record information that

relates to an employee to whom Subsection (a) applies. If a

contracting or subcontracting entity determines that Subsection

(a) does not apply to an employee, the contracting or

subcontracting entity shall make a reasonable effort to ensure

that the conditions or precautions that resulted in the

determination that Subsection (a) did not apply to the employee

continue to exist throughout the time that the contracted

services are provided.

(m) A contracting entity complies with the requirements of this

section if the contracting entity obtains a written statement

from each subcontracting entity certifying that the

subcontracting entity has obtained the required criminal history

record information for employees of the subcontracting entity and

the subcontracting entity has obtained certification from each of

the subcontracting entity's subcontractors.

(n) A subcontracting entity must certify to the school district,

open-enrollment charter school, or shared services arrangement

and the contracting entity that the subcontracting entity has

obtained all criminal history record information that relates to

an employee to whom Subsection (a) applies and has obtained

similar written certifications from the subcontracting entity's

subcontractors.

(o) A contracting or subcontracting entity may not permit an

employee to whom Subsection (a) applies to provide services at a

school if the employee has been convicted of a felony or

misdemeanor offense that would prevent a person from obtaining

certification as an educator under Section 21.060.

(p) In this section:

(1) "Contracting entity" means an entity that contracts directly

with a school district, open-enrollment charter school, or shared

services arrangement to provide services to the school district,

open-enrollment charter school, or shared services arrangement.

(2) "Subcontracting entity" means an entity that contracts with

another entity that is not a school district, open-enrollment

charter school, or shared services arrangement to provide

services to a school district, open-enrollment charter school, or

shared services arrangement.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 6.11, eff. September 1, 2009.

Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT

TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION

AUTHORITIES. (a) A school district, open-enrollment charter

school, or shared services arrangement shall obtain from the

department and may obtain from any other law enforcement or

criminal justice agency or a private entity that is a consumer

reporting agency governed by the Fair Credit Reporting Act (15

U.S.C. Section 1681 et seq.), all criminal history record

information that relates to:

(1) a person participating in an internship consisting of

student teaching to receive a teaching certificate; or

(2) a volunteer or person who has indicated, in writing, an

intention to serve as a volunteer with the district, school, or

shared services arrangement.

(b) A private school or regional education service center may

obtain from any law enforcement or criminal justice agency all

criminal history record information that relates to a person who

volunteers or has indicated, in writing, an intention to serve as

a volunteer with the school or service center.

(c) A person to whom Subsection (a) or (b) applies must provide

to the school district, open-enrollment charter school, private

school, regional education service center, or shared services

arrangement a driver's license or another form of identification

containing the person's photograph issued by an entity of the

United States government.

(d) A person to whom Subsection (a) applies may not perform any

student teaching or volunteer duties until all requirements under

Subsections (a) and (c) have been satisfied.

(e) Subsections (a) and (c) do not apply to a person who

volunteers or is applying to volunteer with a school district,

open-enrollment charter school, or shared services arrangement if

the person:

(1) is the parent, guardian, or grandparent of a child who is

enrolled in the district or school for which the person

volunteers or is applying to volunteer;

(2) will be accompanied by a school district employee while on a

school campus; or

(3) is volunteering for a single event on the school campus.

(f) A school district, open-enrollment charter school, or shared

services arrangement may obtain from any law enforcement or

criminal justice agency all criminal history record information

that relates to a person to whom Subsection (e) applies.

(g) A school district, open-enrollment charter school, private

school, regional education service center, or shared services

arrangement may require a student teacher, volunteer, or

volunteer applicant to pay any costs related to obtaining

criminal history record information under this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Sec. 22.0836. NATIONAL CRIMINAL HISTORY RECORD INFORMATION

REVIEW OF SUBSTITUTE TEACHERS. (a) This section applies to a

person who is a substitute teacher for a school district,

open-enrollment charter school, or shared services arrangement.

(b) A person to whom this section applies must submit to a

national criminal history record information review under this

section.

(c) A school district, open-enrollment charter school, or shared

services arrangement shall send or ensure that a person to whom

this section applies sends to the department information that is

required by the department for obtaining national criminal

history record information, which may include fingerprints and

photographs.

(d) The department shall obtain the person's national criminal

history record information and report the results through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code.

(e) Each school district, open-enrollment charter school, and

shared services arrangement shall obtain all criminal history

record information that relates to a person to whom this section

applies through the criminal history clearinghouse as provided by

Section 411.0845, Government Code.

(f) The school district, open-enrollment charter school, or

shared services arrangement may require a person to pay any fees

related to obtaining criminal history record information under

this section.

(g) A school district, open-enrollment charter school, or shared

services arrangement shall provide the agency with the name of a

person to whom this section applies. The agency shall obtain all

criminal history record information of the person through the

criminal history clearinghouse as provided by Section 411.0845,

Government Code. The agency shall examine the criminal history

record information and certification records of the person and

notify the district, school, or shared services arrangement if

the person:

(1) may not be hired or must be discharged as provided by

Section 22.085; or

(2) may not be employed as a substitute teacher because the

person's educator certification has been revoked or is suspended.

(h) The commissioner may adopt rules to implement this section,

including rules establishing deadlines for a school district,

open-enrollment charter school, or shared services arrangement to

require a person to whom this section applies to submit

fingerprints and photographs in compliance with this section and

the circumstances under which a person may not continue to be

employed as a substitute teacher.

(i) The agency shall establish a schedule for obtaining and

reviewing the information a school district, open-enrollment

charter school, or shared services arrangement and a substitute

teacher must provide under this section. Not later than

September 1, 2011, the agency must obtain all national criminal

history record information on all substitute teachers. This

subsection expires October 1, 2011.

(j) The department in coordination with the commissioner may

adopt rules necessary to implement this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD

INFORMATION. The agency by rule shall require a person

submitting to a national criminal history record information

review under Section 22.0832, 22.0833, or 22.0836 to pay a fee

for the review in an amount not to exceed the amount of any fee

imposed on an applicant for certification under Subchapter B,

Chapter 21, for a national criminal history record information

review under Section 22.0831. The agency or the department may

require an entity authorized to collect information for a

national criminal history record information review to collect

the fee required under this section and to remit the funds

collected to the agency.

Added by Acts 2007, 80th Leg., R.S., Ch.

1372, Sec. 9, eff. June 15, 2007.

Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a) Information

collected about a person to comply with this subchapter,

including the person's name, address, phone number, social

security number, driver's license number, other identification

number, and fingerprint records:

(1) may not be released except:

(A) to comply with this subchapter;

(B) by court order; or

(C) with the consent of the person who is the subject of the

information;

(2) is not subject to disclosure as provided by Chapter 552,

Government Code; and

(3) shall be destroyed by the requestor or any subsequent holder

of the information not later than the first anniversary of the

date the information is received.

(b) Any criminal history record information received by the

State Board for Educator Certification as provided by this

subchapter is subject to Section 411.090(b), Government Code.

(c) Any criminal history record information received by the

agency as provided by this subchapter is subject to Section

411.0901(b), Government Code.

(d) Any criminal history record information received by a school

district, charter school, private school, regional education

service center, commercial transportation company, or education

shared services arrangement or an entity that contracts to

provide services to a school district, charter school, or shared

services arrangement as provided by this subchapter is subject to

Section 411.097(d), Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1146, Sec. 9A.05, eff. September 1, 2009.

Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS

DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided by

Subsections (c) and (d), a school district, open-enrollment

charter school, private school, regional education service

center, or shared services arrangement that contracts with a

person for transportation services shall obtain from any law

enforcement or criminal justice agency all criminal history

record information that relates to:

(1) a person employed by the person as a bus driver; or

(2) a person the person intends to employ as a bus driver.

(b) Except as provided by Subsections (c) and (d), a person that

contracts with a school district, open-enrollment charter school,

private school, regional education service center, or shared

services arrangement to provide transportation services shall

submit to the district, school, service center, or shared

services arrangement the name and other identification data

required to obtain criminal history record information of each

person described by Subsection (a). If the district, school,

service center, or shared services arrangement obtains

information that a person described by Subsection (a) has been

convicted of a felony or a misdemeanor involving moral turpitude,

the district, school, service center, or shared services

arrangement shall inform the chief personnel officer of the

person with whom the district, school, service center, or shared

services arrangement has contracted, and the person may not

employ that person to drive a bus on which students are

transported without the permission of the board of trustees of

the district or service center, the governing body of the

open-enrollment charter school, or the chief executive officer of

the private school or shared services arrangement.

(c) A commercial transportation company that contracts with a

school district, open-enrollment charter school, private school,

regional education service center, or shared services arrangement

to provide transportation services may obtain from any law

enforcement or criminal justice agency all criminal history

record information that relates to:

(1) a person employed by the commercial transportation company

as a bus driver, bus monitor, or bus aide; or

(2) a person the commercial transportation company intends to

employ as a bus driver, bus monitor, or bus aide.

(d) If the commercial transportation company obtains information

that a person employed or to be employed by the company has been

convicted of a felony or a misdemeanor involving moral turpitude,

the company may not employ that person to drive or to serve as a

bus monitor or bus aide on a bus on which students are

transported without the permission of the board of trustees of

the district or service center, the governing body of the

open-enrollment charter school, or the chief executive officer of

the private school or shared services arrangement. Subsections

(a) and (b) do not apply if information is obtained as provided

by Subsection (c).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,

1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 1, eff.

Sept. 1, 1997.

Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF CERTAIN

OFFENSES. (a) A school district, open-enrollment charter

school, or shared services arrangement shall discharge or refuse

to hire an employee or applicant for employment if the district,

school, or shared services arrangement obtains information

through a criminal history record information review that:

(1) the employee or applicant has been convicted of:

(A) a felony offense under Title 5, Penal Code;

(B) an offense on conviction of which a defendant is required to

register as a sex offender under Chapter 62, Code of Criminal

Procedure; or

(C) an offense under the laws of another state or federal law

that is equivalent to an offense under Paragraph (A) or (B); and

(2) at the time the offense occurred, the victim of the offense

described by Subdivision (1) was under 18 years of age or was

enrolled in a public school.

(b) Subsection (a) does not apply if the employee or applicant

for employment committed an offense under Title 5, Penal Code

and:

(1) the date of the offense is more than 30 years before:

(A) the effective date of S.B. No. 9, Acts of the 80th