Relating to prohibiting private schools from hiring persons in the registry of persons not eligible for employment in schools and to persons who must be listed in that registry.
Impact
If enacted, HB 4831 will significantly align the hiring practices of private schools with those of public schools by enforcing similar standards regarding the employment of individuals with disqualifying backgrounds. This law intends to prevent potential risks to students by closely monitoring and controlling who can be employed in roles that directly interact with them. Additionally, the bill establishes a requirement for the development of an internet portal, which will offer accessibility to the registry, thus facilitating compliance and ensuring transparency in the hiring process.
Summary
House Bill 4831 seeks to amend the Texas Education Code by prohibiting private schools from hiring individuals who are listed in the registry of persons not eligible for employment in schools. This registry is maintained by the state and includes individuals who do not qualify for educator certification, have a disqualifying criminal history, or have had prior misconduct leading to revocation of certification. The bill aims to enhance the safety and integrity of the educational environment in both public and private schools by ensuring that those who have engaged in misconduct or criminal acts are barred from employment in educational settings.
Contention
While the bill appears to be a proactive measure to safeguard student welfare, it could also raise concerns regarding the rigors of background checks and the interpretation of misconduct. Critics may argue that it could inadvertently exclude qualified candidates who have rehabilitated or those with expunged records. Moreover, there may be discussions on the adequacy of the administrative processes that would need to be established for maintaining compliance and the potential impact on staffing at private educational institutions, particularly if these institutions rely heavily on individuals who might fall under the registry.
Texas Constitutional Statutes Affected
Education Code
Chapter 22. School District Employees And Volunteers
Relating to an interagency reportable conduct search engine, standards for a person's removal from the employee misconduct registry and eligibility for certification as certain Texas Juvenile Justice Department officers and employees, and the use of certain information by certain state agencies to conduct background checks.
Relating to reports of certain misconduct engaged in by an employee of a public school, regional education service center, or shared services arrangement and a study by the Texas Education Agency regarding employee misconduct reporting mechanisms.
Relating to reports of certain misconduct committed by an employee of a public school, regional education service center, or shared services arrangement and a study by the Texas Education Agency regarding employee misconduct reporting mechanisms.
Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.
Relating to criminal history record information and certain registry information accessible to certain educational and child-care entities and information required for employment in certain child-care facilities.