HBA-PDH H.B. 371 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 371 By: Flores Public Education 3/10/1999 Introduced BACKGROUND AND PURPOSE Currently, the State Board for Educator Certification (board) decides if a person convicted of an offense involving a child is eligible for certification, but state law does not require the board to deny certification to those individuals. State law currently allows school districts, charter schools, private schools, and education service centers to obtain criminal histories of potential employees or volunteers, but school districts and schools are not required to obtain that information. H.B. 371 prohibits the State Board of Educator Certification from certifying a person who has been convicted of an offense involving a child and requires school districts, schools, and education service centers to obtain criminal history information on all potential employees and volunteers. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 21, Education Code, by adding Section 21.057, as follows: Sec. 21.057. ELIGIBILITY FOR CERTIFICATION OF PERSONS CONVICTED OF CHILD-RELATED CRIMINAL OFFENSES. Provides that a person is ineligible for initial or continued certification under this subchapter if convicted of an offense involving a child under Chapter 21 (Sexual Offenses), Chapter 22 (Assaultive Offenses), or Chapter 43 (Public Indecency), Penal Code. SECTION 2. Amends Sections 22.083 (a) and (b), Education Code, as follows: (a) Requires, rather than authorizes, specific education providers to obtain criminal history records from a law enforcement or criminal justice agency regarding a person they intend to employ or any person intending to volunteer, unless the person was initially certified by the State Board for Educator Certification in the year preceding the date of prospective employment. (b) Requires, rather than authorizes, specific education providers to obtain criminal history records from a law enforcement or a criminal justice agency regarding an employee, volunteer, or an employee or an applicant for employment by a contractor to perform work on school property or where students are regularly present. SECTION 3. Effective date: July 1, 1999. SECTION 4. Emergency clause.