(a) A school district or an open-enrollment charter school shall obtain criminal history record information, as provided by the Texas Education Code (TEC), §22.083, on all employees who are not subject to a national criminal history record information review. Persons subject only to a criminal history record information review include, but are not limited to, noncertified administrative support personnel, school bus drivers, and custodial staff hired before January 1, 2008, and charter school employees not working in a position described in the TEC, §12.1059. As defined in §153.1101 of this title (relating to Definitions), the criminal history record information does not include fingerprint identification information.
(b) A shared services arrangement:
  (1) shall obtain criminal history record information on all employees whose duties are performed on school property or at another location where students are regularly present; and
  (2) may obtain the same information on all other employees.
(c) A regional education service center or a private school may obtain criminal history record information on:
  (1) any of its employees or applicants for employment; and
  (2) an employee or applicant for employment of a person or entity that contracts with the service center or private school 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.

Source Note: The provisions of this §153.1105 adopted to be effective December 30, 2007, 32 TexReg 9626