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.
Legal Compliance Details Mixed
AI-generated assessment. Verify citations independently before relying on this analysis.
Definition of 'Service Provider' Permitted by LawStatutory basis: TEC §22A.001, S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: Policy adapts the statutory definition to District context (substituting 'District' for 'educational entity') and adds 'vendor' and 'agent' as examples not enumerated in the statute. Also adds 'representatives' and 'any other individuals acting on its behalf' in subparagraph (E). These additions are locally discretionary.
Prohibition on Assisting Known Bad Actors in Obtaining New Jobs (Service Provider) MixedStatutory basis: TEC §22A.001 (definition of 'abuse'), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: The statute defines 'abuse' in sexual conduct terms. The policy removes the word 'sexual' before 'misconduct' and expands the prohibition to violations of FFG(LOCAL), FFG(LEGAL), EMB(LOCAL), and EMB(LEGAL), broadening scope beyond what the statute requires. The expanded misconduct scope and policy cross-references are locally discretionary additions.
Removal of Employee-Focused Assistance Prohibition Paragraph Locally DiscretionaryVerified via: unverified
Local additions: The removal of the employee-focused prohibition paragraph is a local editorial choice. No statute in the analysis requires or prohibits retaining or removing this language.
Service Provider Obligations to Comply with Board Policies and Assist in Investigations Locally DiscretionaryVerified via: unverified
Local additions: The statute analysis contains no requirement or permission compelling districts to impose board policy compliance obligations or investigation assistance duties on service providers. Conditioning service provision on compliance with EFA(LOCAL), EFB(LOCAL), EMB(LOCAL), FFG(LOCAL), and FFF(LOCAL) is entirely a local policy choice.
Pre-Service Affidavit Requirement (General — TEA Form, Consent to Release Employment Records) Required by LawStatutory basis: TEC §22A.055, S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None beyond implementing the statutory mandate.
Pre-Service Affidavit Disclosure Item 1: Criminal/CPS Investigation, Charge, Adjudication, or Conviction Required by LawStatutory basis: TEC §22A.055(a)(1), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Pre-Service Affidavit Disclosure Item 2: Licensing Authority Investigation or Sanction Required by LawStatutory basis: TEC §22A.055(a)(2), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Pre-Service Affidavit Disclosure Item 3: Inclusion in Registry Required by LawStatutory basis: TEC §22A.055(a)(3), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Pre-Service Affidavit Disclosure Item 4: Prior or Current Employment or Service Provider Status at Public or Private School Required by LawStatutory basis: TEC §22A.055(a)(4), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Pre-Service Affidavit Disclosure Item 5: Termination, Discharge, or Resignation in Lieu Thereof from Public or Private School Required by LawStatutory basis: TEC §22A.055(a)(5), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Affirmative Disclosure of All Relevant Facts for Affirmative Answers Required by LawStatutory basis: TEC §22A.055(b), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Non-Preclusion Based on Affidavit Disclosure Where Allegation Determined False Required by LawStatutory basis: TEC §22A.055(c), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Termination and Refusal to Contract for Failure to Disclose Required Affidavit Information Required by LawStatutory basis: TEC §22A.055(d), S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None.
Written Certification by Service Provider of Chapter 22A Compliance Including Registry Checks Locally DiscretionaryVerified via: unverified
Local additions: The statute analysis requires TEA to maintain the registry but does not mandate that service providers provide written certification of Chapter 22A compliance to the district. This written certification requirement is a local policy choice.
Service Provider Registry Review Obligation Prior to Commencement of Services Locally DiscretionaryStatutory basis: TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: The statute requires TEA to maintain and make the registry available; it does not expressly require service providers themselves to review the registry. The policy's requirement that service providers personally conduct and be solely responsible for registry checks is a local addition not mandated by the statute text in the analysis.
Bar on Registry-Listed Individuals Performing Services Directly or Indirectly Required by LawStatutory basis: TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: The statute establishes that registry-listed persons are ineligible to act as service providers. The policy implements this bar. The 'directly or indirectly' formulation is a local addition extending scope beyond the statute's text.
District Pre-Service Verification of Registry Status and Periodic Re-Verification MixedStatutory basis: TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: Pre-commencement verification is legally required by the registry ineligibility framework. Verification 'at such other times as required by law or District procedure' adds a locally discretionary ongoing review component beyond what the statute analysis expressly mandates.
District Discharge or Refusal to Contract When Registry-Listed Individual Is Providing Services Required by LawStatutory basis: TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None — the policy implements the statutory ineligibility determination by requiring the district to discharge or refuse to accept services from registry-listed individuals.
Compliance Documentation Maintenance Requirement Locally DiscretionaryVerified via: unverified
Local additions: No provision in the statute analysis requires the district to maintain documentation evidencing compliance with board policy. This is an entirely local recordkeeping and accountability measure.