{ "code": "CJ", "title": "Contracted Services", "description": "This policy governs the process by which a school district enters into contracts with outside companies or individuals to provide services. It outlines the rules and guidelines that apply when the district hires external parties rather than using its own staff to carry out certain functions.", "policy_connect_url": "https://policyconnect.org/policy/conroe-isd/CJ", "last_action_date": "2026-07-21", "last_action_result": "adopted", "timeline_local": [ { "date": "2026-07-21", "school_year": "2025-2026", "action": "adopted", "result": "adopted", "summary": "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.", "changes_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." ], "changes_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')" ], "meeting_notes_url": "https://cisd-meetings.boardmonitor.app/meeting.html?id=2026-07-21_regular", "confidence": "medium", "source_redline": "CJ_LOCAL.pdf", "notes": "The document contains an unusual dual-format presentation — the first three pages show the redline policy text (pages 1–3), and pages 4–10 show a side-by-side comparison with verbatim statute text. The redline colors (red underline = added, red strikethrough = removed) are consistent throughout pages 1–3. Some additions and removals are interleaved within the same sentence, making precise separation of added vs. removed text challenging in a few instances. The board action was inferred as 'first_reading' based on the document context; no explicit cover page title heading with action language was present — the document appears to be a board agenda exhibit rather than a standalone cover page. The CKC policy (pages 11+) is a separate policy and was not included in this extraction.", "compliance_assessment": { "classification": "Mixed", "elements": [ { "element": "Expanded definition of 'service provider' to include contractors, vendors, agents, subcontractors, tutoring providers, campus operation entities under TEC §11.174, staffing providers, and employees of such persons", "classification": "Locally Discretionary", "statutory_basis": "TEC §22A.001(8)", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "The statute analysis explicitly states: 'Verbatim statutory text was not retrieved from an authoritative source. No requirements, prohibitions, or permissions can be extracted with reliable supporting quotes. Retrieval confidence is low.' Under the grounding rule, no classification as legally required or permitted can be made without a supporting verbatim quote. The definition as adopted reflects local drafting choices." }, { "element": "Prohibition on assisting individuals engaged in sexual misconduct regarding minors or students, broadened from District employees only to all individuals and education agencies", "classification": "Locally Discretionary", "statutory_basis": "TEC §22A.051", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "The statute analysis for TEC §22A.051 states: 'Verbatim statutory text was not retrieved from an authoritative source. No requirements, prohibitions, or permissions can be extracted with reliable supporting quotes. Retrieval confidence is low.' Under the grounding rule, the expansion of scope to all individuals and education agencies cannot be classified as legally required without a supporting verbatim quote. This element is locally discretionary." }, { "element": "Service Provider Obligations — requirement to comply with TEC §22A.051 and §22A.052 and specific Board policies including EFA(LOCAL), EFB(LOCAL), EMB(LOCAL), FFG(LOCAL)", "classification": "Mixed", "statutory_basis": "TEC §22A.052", "supporting_quote": "the superintendent or director of an educational entity shall notify the commissioner if the superintendent or director: (1) becomes aware of evidence that a person described by Subsection (a) engaged in misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D)", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "TEC §22A.052 mandates superintendent reporting to the commissioner for covered misconduct — that component is Required by Law. The obligation to comply with specific named Board policies (EFA, EFB, EMB, FFG) and to assist in investigations under FFG(LOCAL) and FFF(LOCAL) is a local addition with no supporting verbatim statutory quote and is Locally Discretionary." }, { "element": "Pre-Service Affidavit — requirement that service providers submit TEA-adopted form with consent for employment record release", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "A person applying for employment with or who will act as a service provider for an educational entity must submit, using a form adopted by the agency, consent for release of the person's employment records and a pre-employment or pre-service affidavit", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Pre-Service Affidavit — disclosure of prior law enforcement or CPS investigations, charges, adjudications, or convictions for conduct under §22A.051(a)(2)(A)–(D)", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "disclosing whether the person 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 by Section 22A.051(a)(2)(A), (B), (C), or (D)", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Pre-Service Affidavit — disclosure of licensing authority investigations or license/certificate/permit sanctions for conduct under §22A.051(a)(2)(A)–(D)", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "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 by Section 22A.051(a)(2)(A), (B), (C), or (D)", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Pre-Service Affidavit — disclosure of registry inclusion", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "included in the registry", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Pre-Service Affidavit — disclosure of prior or current employment by or service as provider for a public or private school", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "employed or is currently employed by or has acted or is currently acting as a service provider for a public or private school", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Pre-Service Affidavit — disclosure of termination, discharge, or resignation in lieu of termination or discharge from a public or private school", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "terminated or discharged or has resigned, in lieu of being terminated or discharged, from a public or private school", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Pre-Service Affidavit — affirmative answers require disclosure of all relevant known facts, including whether allegation was determined true or false", "classification": "Required by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "A person who answers affirmatively concerning an action listed under Subsection (a) must disclose in the affidavit all relevant facts known to the person pertaining to the matter, including, if applicable to the action, whether the allegation was determined to be true or false.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Permission to allow service provider to continue despite disclosed allegation if district determines the allegation was false", "classification": "Permitted by Law", "statutory_basis": "TEC §22A.055 (added by S.B. 571, 89th Leg., R.S., effective June 20, 2025)", "supporting_quote": "A service provider is not precluded from providing services based on a disclosed allegation if the educational entity determines, based on the information disclosed in the affidavit, that the allegation was false.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None" }, { "element": "Mandatory termination or refusal to hire or contract with service provider who failed to disclose required affidavit information", "classification": "Locally Discretionary", "statutory_basis": "TEC §22A.055", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "The statute analysis notes that 'Subsection (g) regarding Class B misdemeanor penalties was referenced in notes but not included in the retrieved verbatim text and therefore cannot be analyzed.' No verbatim quote from the statute analysis establishes a mandatory termination or refusal-to-hire obligation for failure to disclose. Under the grounding rule, this element cannot be classified as Required by Law without a supporting verbatim quote and is therefore Locally Discretionary." }, { "element": "Requirement to make TEA-approved Pre-Service Affidavit readily available on District website", "classification": "Locally Discretionary", "statutory_basis": "TEC §22A.055", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "The statute analysis provides no verbatim quote from TEC §22A.055 requiring posting of the affidavit on a district website. The policy language attributes this to TEC §22A.055, but no supporting verbatim quote exists in the statute analysis. Under the grounding rule, this is classified as Locally Discretionary." }, { "element": "Requirement to adopt procedures ensuring service providers review TEA registry and prohibition on using individuals on the registry", "classification": "Locally Discretionary", "statutory_basis": "None verified", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "The statute analysis contains no verbatim quote from TEC §22A.151 or any other provision establishing this registry check requirement. The cited section was not included in the statute analysis at all. Under the grounding rule, web search results confirming statutory content cannot substitute for a verbatim quote in the statute analysis. This element is Locally Discretionary under the grounding rule." }, { "element": "Requirement to verify prior to commencement of services that service provider is not on the TEA registry", "classification": "Locally Discretionary", "statutory_basis": "None verified", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "Same basis as the registry check element above — TEC §22A.151 is not included in the statute analysis with any verbatim quote. Under the grounding rule, no legally compelled classification is available." }, { "element": "Mandatory discharge or refusal to accept services from anyone on the registry", "classification": "Locally Discretionary", "statutory_basis": "None verified", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "Same basis as above — no verbatim statutory quote in the statute analysis supports this element. Locally Discretionary under the grounding rule." }, { "element": "Renaming final section from 'Compliance Verification' to 'Implementation' and shifting obligation from adopting procedures to maintaining documentation of compliance", "classification": "Locally Discretionary", "statutory_basis": "None", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "local_additions": "This is a structural and operational drafting choice by the District with no statutory mandate or express authorization identified in the statute analysis." } ] }, "compliance_summary": [ "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." ] }, { "date": "2026-06-16", "school_year": "2025-2026", "action": "first_reading", "result": "first_reading", "summary": "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.", "changes_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.'" ], "changes_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')" ], "meeting_notes_url": "https://cisd-meetings.boardmonitor.app/meeting.html?id=2026-06-16_regular", "confidence": "medium", "source_redline": "CJ_LOCAL.pdf", "notes": "The document does not include a standard cover/recommendation page with a clear board action title for policy CJ. The entire policy CJ text appears to be red underlined (new), suggesting this is a brand-new local policy being adopted rather than an amendment to existing text. The board action is marked 'unknown' because no cover page title with action language was identified. The DEC policy redline (pages 12+) appears to be a separate policy included in the same PDF packet; only one minor change was visible on the partial page shown (removal of 'administrative' in Leave Administration). The CJ extraction focuses on the CJ policy only as instructed. Confidence is medium due to the lack of a clear action indicator and the complexity of distinguishing truly new policy text from tracked changes in an all-red document.", "compliance_assessment": { "classification": "Mixed", "elements": [ { "element": "Definition of 'Service Provider'", "classification": "Permitted by Law", "statutory_basis": "TEC §22A.001, S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "\"Service provider\" means a person who provides services to an educational entity. The term includes: (A) a contractor or subcontractor for an educational entity; (B) a provider of tutoring services for an educational entity; (C) an entity that has entered into a contract to operate a school district campus under Section 11.174; (D) a staffing provider for an educational entity; and (E) a person employed by or under the control of a person described by Paragraph (A), (B), (C), or (D).", "verification_method": "verbatim statute text", "litigation_status": "None identified", "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." }, { "element": "Prohibition on Assisting Known Bad Actors in Obtaining New Jobs (Service Provider)", "classification": "Mixed", "statutory_basis": "TEC §22A.001 (definition of 'abuse'), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "\"Abuse\" has the meaning assigned by Section 261.001, Family Code, and includes any sexual conduct involving a student or minor.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "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." }, { "element": "Removal of Employee-Focused Assistance Prohibition Paragraph", "classification": "Locally Discretionary", "statutory_basis": "None", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "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." }, { "element": "Service Provider Obligations to Comply with Board Policies and Assist in Investigations", "classification": "Locally Discretionary", "statutory_basis": "None", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "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." }, { "element": "Pre-Service Affidavit Requirement (General — TEA Form, Consent to Release Employment Records)", "classification": "Required by Law", "statutory_basis": "TEC §22A.055, S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "Individual applying for employment or seeking employment as a service provider must consent to the release of their employment records and submit a pre-employment or pre-service affidavit disclosing whether they have ever been:", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None beyond implementing the statutory mandate." }, { "element": "Pre-Service Affidavit Disclosure Item 1: Criminal/CPS Investigation, Charge, Adjudication, or Conviction", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(a)(1), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "submit a pre-employment or pre-service affidavit disclosing whether they have 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 Section 22A.051(a)(2)(A)-(D)", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Pre-Service Affidavit Disclosure Item 2: Licensing Authority Investigation or Sanction", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(a)(2), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "(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 Section 22A.051(a)(2)(A)-(D)", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Pre-Service Affidavit Disclosure Item 3: Inclusion in Registry", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(a)(3), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "(3) included in the registry", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Pre-Service Affidavit Disclosure Item 4: Prior or Current Employment or Service Provider Status at Public or Private School", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(a)(4), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "(4) employed or is currently employed by or has acted or is currently acting as a service provider for a public or private school", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Pre-Service Affidavit Disclosure Item 5: Termination, Discharge, or Resignation in Lieu Thereof from Public or Private School", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(a)(5), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "(5) terminated or discharged or has resigned, in lieu of being terminated or discharged, from a public or private school", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Affirmative Disclosure of All Relevant Facts for Affirmative Answers", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(b), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "A person who answers affirmatively concerning an action listed must disclose in the affidavit all relevant facts known to the person pertaining to the matter.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Non-Preclusion Based on Affidavit Disclosure Where Allegation Determined False", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(c), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "A service provider is not precluded from providing services based on a disclosed allegation if the educational entity determines that the allegation was false.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Termination and Refusal to Contract for Failure to Disclose Required Affidavit Information", "classification": "Required by Law", "statutory_basis": "TEC §22A.055(d), S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "A determination that a service provider failed to disclose information required to be disclosed is grounds for termination, including contract termination. The educational entity shall discharge, terminate, or refuse to hire or contract with a service provider against whom this determination has been made.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "local_additions": "None." }, { "element": "Written Certification by Service Provider of Chapter 22A Compliance Including Registry Checks", "classification": "Locally Discretionary", "statutory_basis": "None", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "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." }, { "element": "Service Provider Registry Review Obligation Prior to Commencement of Services", "classification": "Locally Discretionary", "statutory_basis": "TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who are not eligible to be employed by or act as a service provider for an educational entity.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "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." }, { "element": "Bar on Registry-Listed Individuals Performing Services Directly or Indirectly", "classification": "Required by Law", "statutory_basis": "TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who are not eligible to be employed by or act as a service provider for an educational entity.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "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." }, { "element": "District Pre-Service Verification of Registry Status and Periodic Re-Verification", "classification": "Mixed", "statutory_basis": "TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who are not eligible to be employed by or act as a service provider for an educational entity.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "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." }, { "element": "District Discharge or Refusal to Contract When Registry-Listed Individual Is Providing Services", "classification": "Required by Law", "statutory_basis": "TEC §22A.151, S.B. 571 (89th Leg., R.S., 2025)", "supporting_quote": "The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22A.155 a registry of persons who are not eligible to be employed by or act as a service provider for an educational entity.", "verification_method": "verbatim statute text", "litigation_status": "None identified", "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." }, { "element": "Compliance Documentation Maintenance Requirement", "classification": "Locally Discretionary", "statutory_basis": "None", "supporting_quote": "None", "verification_method": "unverified", "litigation_status": "None identified", "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." } ] }, "compliance_summary": [ "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." ] } ], "timeline_legal": [] }