(a) This subchapter provides rules for the implementation of a preliminary criminal history evaluation as provided in the Texas Occupations Code, Chapter 53, Subchapter D.
(b) The following words, terms, and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Criminal history--Criminal history record information that relates to convictions and deferred adjudications.
  (2) Ineligibility--Unsuitability for certification, based on any of the grounds described in §249.12(b) of this title (relating to Administrative Denial; Appeal), as determined by the Texas Education Agency staff.
  (3) Reasonably available--Provided in writing to Texas Education Agency staff by a requestor.
  (4) Requestor--A person making a request for preliminary criminal history evaluation pursuant to this subchapter.
  (5) Texas Education Agency staff--Staff of the Texas Education Agency assigned by the commissioner of education to perform the State Board for Educator Certification's administrative functions and services.
(c) A person who is enrolled or planning to enroll in a State Board for Educator Certification-approved educator preparation program or planning to take a certification examination may request a preliminary criminal history evaluation letter regarding the person's potential ineligibility for certification due to a conviction or deferred adjudication for a felony or misdemeanor offense.

Source Note: The provisions of this §227.101 adopted to be effective October 28, 2010, 35 TexReg 9501