Texas Senate Bill SB1891

Texas 2017 - 85th Regular

Caption

Relating to a general employment review of persons who apply to school districts, open-enrollment charter schools, and certain independent contractors for employment involving direct contact with students or children; providing a civil penalty.

Impact

The ramifications of SB 1891 extend to various stakeholders within the education system. School districts and charter schools are required to comply with new protocols for reviewing applicant histories, which are intended to be rigorous enough to protect children from individuals who may pose a risk. By expanding the definition of misconduct to include various forms of inappropriate conduct, the bill aims to close loopholes that could allow offenders to remain within the educational workforce.

Summary

Senate Bill 1891 introduces comprehensive measures concerning the employment review process for applicants seeking positions in school districts, open-enrollment charter schools, and independent contractors who work with children. The bill mandates that these entities conduct thorough background checks, which include verification of prior employment history involving direct contact with students, as well as disclosures related to any allegations or findings of child abuse or sexual misconduct. The overarching purpose of the bill is to enhance child safety by ensuring that only qualified individuals may take roles that involve potential interactions with students.

Contention

Some points of contention surrounding SB 1891 focus on the balance between stringent oversight of educational staff and the potential for overreach in the hiring process. Critics express concern that the bill could result in qualified applicants being unfairly screened out due to past allegations that may not reflect their current fitness for an educational role. Moreover, there is apprehension regarding the administrative burden that these requirements could impose on smaller districts with limited resources. The requirement for independent contractors to conduct their own reviews adds another layer of complexity to the employment process, which might lead to disparities in enforcement across different jurisdictions.