Contracted Services
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Local Changes (2)
This update to the Contracted Services (CJ) Local Policy significantly revises the definition of "service provider," broadens the "Assistance Prohibited" section to cover all individuals and education agencies (not just District employees), expands Service Provider Obligations to require compliance with specific TEC provisions and Board policies, adds a detailed Pre-Service Affidavit process, and restructures the Registry and Compliance Verification sections to align with TEC Chapter 22A requirements. The update also renames the final section from "Compliance Verification" to "Implementation" and shifts the District's obligation from adopting procedures to maintaining documentation of compliance.
Added
- Service provider means a person who provides services to the District. The term includes: (A) A contractor, vendor, agent, or subcontractor for the District; (B) A provider of tutoring services for the District; (C) An entity that has entered into a contract to operate a school district campus under Texas Education Code Section 11.174; (D) A staffing provider for the District; and (E) A person employed by or under the control of a person described by Paragraph (A), (B), (C), or (D).
- No individual that is a District employee, contractor, or agent. or the District shall assist an District employee, contractor, or agent of the District or of any other school district or education agency in obtaining a new job if the individual or agency knows, or has probable cause to believe, that the individual or service provider engaged in sexual misconduct regarding a minor or student in violation of the law and Board Policy FFG(LOCAL) or FFG(LEGAL) or violated EMB(LOCAL) or EMB(LEGAL). Routine transmission of an administrative file does not violate this prohibition.
- The District shall adopt procedures to help ensure all service providers shall comply with applicable provisions of Texas Education Code Sections 22A.051 and 22A.052, and all applicable Board Policies, including EFA(LOCAL), EFB(LOCAL), EMB(LOCAL), and FFG(LOCAL). The District shall seek to help ensure All service providers assist in reporting misconduct to District or law enforcement and in investigations under Board Policies, including FFG(LOCAL) and FFF(LOCAL).
- A service provider must submit a form adopted by the Texas Education Agency, consent to release of employment records, and a pre-service affidavit disclosing whether the service provider has ever been:
- 1. Investigated by a law enforcement or child protective services agency for, or charged with, adjudicated for, or convicted of, an offense involving conduct described at Texas Education Code Section 22A.051(a)(2)(A)–(D);
- 2. Investigated by a licensing authority or had a license, certificate, or permit denied, suspended, revoked, or subject to another sanction in this state or another state for conduct described at Texas Education Code Section 22A.051(a)(2)(A)–(D);
- 3. Included in the registry;
- 4. Employed or is currently employed by or has acted or is currently acting as a service provider for a public or private school; or
- 5. Terminated or discharged or has resigned, in lieu of being terminated or discharged, from a public or private school.
- A service provider who answers affirmatively concerning any of the actions listed above must disclose in the pre-service affidavit all relevant facts known to the service provider pertaining to the matter, including, if applicable to the action, whether the allegation was determined to be true or false.
- A service provider is not precluded from providing services to the District based on a disclosed allegation if the District determines, based on the information disclosed in the affidavit, that the allegation was false.
- A determination that a service provider failed to disclose information required to be disclosed by a person in the pre-service affidavit is grounds for the service provider's termination, including contract termination. The District shall discharge, terminate, or refuse to hire or contract with a service provider against whom this determination has been made.
- In accordance with TEC §22A.055, the District shall make the TEA-approved Pre-Service Affidavit readily available on the District website.
- The Distict shall adopt procedures to help ensure service providers review the Texas Education Agency registry of persons who are not eligible to be service providers for the District. Any individual whose name appears on the registry shall not be permitted to perform services, directly or indirectly, for or on behalf of the District.
- The District shall verify, prior to the commencement of services and at such other times as required by law or District procedure, that a service provider is not included in the registry of persons ineligible to be employed by or provide services to an educational entity.
- The District shall discharge or refuse to hire, or terminate or refuse to accept services from, a service provider with a person listed on the registry providing services to the District.
- The District shall maintain documentation evidencing compliance with this Board Policy.
Removed
- No District employee shall assist a contractor or agent of the District or of any other school district in obtaining a new job if the employee knows, or has probable cause to believe, that the contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative file does not violate this prohibition.
- No District service provider employee
- or service provider of the District or of any other school district or entity in obtaining a new job if the service provider knows, or has probable cause to believe, that the District employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative file does not violate this prohibition. [See also DC for prohibitions relating to employees]
- above, including its representatives, employees, subcontractors, or any other individuals acting on its behalf.
- vendor, agent, or
- As a condition of providing services to the District, each service provider shall certify in writing that the service provider has complied with all applicable requirements of Chapter 22A, Texas Education Code, including required registry checks, reporting obligations, criminal history review requirements, and disclosure obligations for individuals assigned to provide services to the District.
- Prior to the commencement of any services, and on an as needed basis, service providers shall be required to review the Texas Education Agency registry of persons who are not eligible to be service providers for the District. Any individual whose name appears on the registry shall not be permitted to perform services, directly or indirectly, for or on behalf of the District. Service providers shall be solely responsible for ensuring full compliance with this requirement and applicable law.
- adopt procedures to implement this
- Compliance Verification (section heading — replaced with 'Implementation')
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- Pre-Service Affidavit Requirement: State law S.B. 571 (effective June 20, 2025) requires service providers to complete a TEA-approved form before beginning work for the district. The form asks about past misconduct investigations, registry status, prior school employment, and any terminations or resignations from school jobs.
- Broader Definition of Service Provider: The policy now defines 'service provider' to include contractors, vendors, staffing companies, subcontractors, tutoring providers, and their employees. This definition is based on TEC §22A.001(8), though the district had discretion in how it drafted the final language.
- Prohibition on Assisting Misconduct: The policy expands a rule against helping people who have engaged in sexual misconduct involving students. The original rule applied only to district employees; the updated policy applies to all individuals and education agencies, which goes beyond what state law is confirmed to require.
- Superintendent Reporting Obligation: Under TEC §22A.052, superintendents are required by law to report certain educator misconduct to the Texas Education Commissioner. The policy reflects this legal requirement, while also adding local rules about which board policies service providers must follow.
- Registry Check Process: The policy requires the district to check the TEA registry of individuals with a history of misconduct before allowing a service provider to begin work. This registry check requirement was included at the district's discretion, as the supporting state law was not confirmed through a verified statutory source.
- False Allegation Exception: State law under TEC §22A.055 allows the district to continue working with a service provider if the district determines that a disclosed allegation against that person was false. This is a permission granted by law, not a requirement.
AI-generated assessment. Verify citations independently before relying on this analysis.
Policy CJ (Contracted Services) is being updated to align with recent changes in Texas education law and regulations. It establishes definitions for "service provider," prohibitions on assisting known bad actors in obtaining new jobs, service provider obligations to comply with board policies and assist in misconduct investigations, pre-service affidavit requirements, registry check obligations, and compliance documentation requirements — all expanding on applicable Texas Education Code Chapter 22A and federal statutes.
Added
- Definition section: 'Service provider means a person who provides services to the District. The term includes: (A) A contractor, vendor, agent, or subcontractor for the District; (B) A provider of tutoring services for the District; (C) An entity that has entered into a contract to operate a school district campus under Texas Education Code Section 11.174; (D) A staffing provider for the District; and (E) A person employed by or under the control of a person described above, including its representatives, employees, subcontractors, or any other individuals acting on its behalf.'
- Assistance Prohibited paragraph 2 revised: 'No District service provider shall assist an employee, contractor, agent or service provider of the District or of any other school district or education entity in obtaining a new job, if the service provider knows, or has probable cause to believe, that the employee, contractor, agent, or service provider engaged in misconduct regarding a minor or student in violation of the law, Board Policy FFG(LOCAL) or FFG(LEGAL) or violated EMB(LOCAL) or EMB(LEGAL). Routine transmission of an administrative file does not violate this prohibition.'
- Service Provider Obligations section (entirely new): 'All service providers shall comply with all Board Policies, including EFA(LOCAL), EFB(LOCAL), EMB(LOCAL), and FFG(LOCAL). All service providers shall assist in reporting misconduct to District or law enforcement and in investigations under Board Policies, including FFG(LOCAL) and FFF(LOCAL).'
- Pre-Service Affidavit section (entirely new): 'A service provider must submit a form adopted by the Texas Education Agency, consent to release of employment records, and a pre-service affidavit disclosing whether the service provider has ever been: 1. Investigated by a law enforcement or child protective services agency for, or charged with, adjudicated for, or convicted of, an offense involving conduct described at Texas Education Code Section 22A.051(a)(2)(A)–(D); 2. Investigated by a licensing authority or had a license, certificate, or permit denied, suspended, revoked, or subject to another sanction in this state or another state for conduct described at Texas Education Code Section 22A.051(a)(2)(A)–(D); 3. Included in the registry; 4. Employed or is currently employed by or has acted or is currently acting as a service provider for a public or private school; or 5. Terminated or discharged or has resigned, in lieu of being terminated or discharged, from a public or private school.'
- Pre-Service Affidavit continuation: 'A service provider who answers affirmatively concerning any of the actions listed above must disclose in the pre-service affidavit all relevant facts known to the service provider pertaining to the matter, including, if applicable to the action, whether the allegation was determined to be true or false.'
- Pre-Service Affidavit continuation: 'A service provider is not precluded from providing services to the District based on a disclosed allegation if the District determines, based on the information disclosed in the affidavit, that the allegation was false.'
- Pre-Service Affidavit continuation: 'A determination that a service provider failed to disclose information required to be disclosed by a person in the pre-service affidavit is grounds for the service provider's termination, including contract termination. The District shall discharge, terminate, or refuse to hire or contract with a service provider against whom this determination has been made.'
- Registry section (entirely new): 'As a condition of providing services to the District, each service provider shall certify in writing that the service provider has complied with all applicable requirements of Chapter 22A, Texas Education Code, including required registry checks, reporting obligations, criminal history review requirements, and disclosure obligations for individuals assigned to provide services to the District.'
- Registry section: 'Prior to the commencement of any services, and on an as needed basis, service providers shall be required to review the registry of persons who are not eligible to be service providers for the District. Any individual whose name appears on the registry shall not be permitted to perform services, directly or indirectly, for or on behalf of the District. Service providers shall be solely responsible for ensuring full compliance with this requirement and applicable law.'
- Registry section: 'The District shall verify, prior to the commencement of services and at such other times as required by law or District procedure, that a service provider is not included in the registry of persons ineligible to be employed by or provide services to an educational entity.'
- Registry section: 'The District shall discharge or refuse to hire, or terminate or refuse to accept services from, a service provider with a person listed on the registry providing services to the District.'
- Compliance Verification section (entirely new): 'The District shall maintain documentation evidencing compliance with this Board Policy.'
Removed
- Assistance Prohibited paragraph 1 (employee-focused paragraph removed): 'No District employee shall assist a contractor or agent of the District or of any other school district in obtaining a new job if the employee knows, or has probable cause to believe, that the contractor or agent engaged in sexual misconduct regarding a minor or student in violation of the law. Routine transmission of an administrative file does not violate this prohibition.'
- In Assistance Prohibited paragraph 2: 'contractor or agent' (replaced with 'service provider')
- In Assistance Prohibited paragraph 2: 'contractor or agent' (second instance, replaced with 'employee, contractor, agent or service provider')
- In Assistance Prohibited paragraph 2: 'sexual' (preceding 'misconduct', word removed to broaden scope)
- In Assistance Prohibited paragraph 2: '[See also DC for prohibitions relating to employees]'
- In Leave Administration (DEC policy, separate policy): 'administrative' (strikethrough — word removed from 'District administrative procedures')
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- Pre-Service Disclosure Forms: State law S.B. 571 (TEC §22A.055) requires anyone providing services to a school district to complete a TEA affidavit before starting work. The affidavit must disclose criminal history, licensing sanctions, registry status, and past school employment or terminations.
- Registry Check Requirement: Under S.B. 571 (TEC §22A.151), individuals listed on the state's misconduct registry are not allowed to provide services to school districts. This policy implements that ban and adds language specifying it applies whether services are provided directly or indirectly, which goes slightly beyond the statute's exact wording.
- Expanded Misconduct Definition: State law defines prohibited misconduct in terms of sexual conduct, but this policy also covers violations of several additional district policies related to employee conduct and ethics. That broader definition is a local choice by the board, not a state requirement.
- Service Provider Compliance Duties: The policy requires contractors and vendors to follow specific district board policies and to cooperate with any misconduct investigations. No state law requires these obligations — the district added them on its own as a condition of doing business with the district.
- Written Certification Requirement: The policy requires service providers to submit written proof that they have checked the state registry and are following Chapter 22A of the Texas Education Code. This documentation requirement is not mandated by state law and reflects a local recordkeeping decision by the district.
- Ongoing Re-Verification of Registry Status: The district is required by S.B. 571 to check the state registry before a service provider begins work. This policy also allows for additional checks over time as needed by law or district procedure, which is a locally added step beyond what the statute specifically requires.
AI-generated assessment. Verify citations independently before relying on this analysis.