What standards will TEA apply when deciding employability for noncertified individuals based on their criminal history?
Sec. 22.085(a) of the Texas Education Code applies to all public school employees. For noncertified employees, this very narrow standard is the sole basis for TEA review. The district’s standards for employment will probably be much higher. It provides that a public school entity must discharge or refuse to hire an employee or applicant if: A. the employee or applicant has been convicted of: a) a felony offense under Title 5, Penal Code (Offenses Against the Person); 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 B. at the time the offense occurred, the victim of the offense was under 18 years of age or was enrolled in a public school.
