DBAA
Employment Requirements and Restrictions: Pre-Employment Reviews
This policy covers the requirements and procedures related to reviewing job candidates before they are hired.
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Local Changes (2)
2026-07-21Adopted · Meeting notes
This update to DBAA removes the sentence stating "All District positions have the potential for contact with students," adds "Board Policy or District procedure or" to the disqualifying criteria, and adds an entirely new "Pre-Employment Affidavit" section aligned with TEC § 22A.055 (H.B. 571, 89th Leg., eff. June 20, 2025), requiring applicants to submit a TEA-adopted form, consent to release of employment records, and a pre-employment/pre-service affidavit disclosing prior investigations, licensing sanctions, registry inclusion, school employment history, and terminations — with disclosure, termination, and discharge consequences for non-compliance.
Added
- Board Policy or District procedure or (added to the disqualifying criteria for criminal history inconsistency)
- Pre-Employment Affidavit section header and full text: 'A person applying to act as an employee for the District must submit a form adopted by the Texas Education Agency, consent to release of the person's employment records, and a pre-employment affidavit 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 at Texas Education Code § 22A.051A(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 § 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 person applying to act as an employee for the District who answers affirmatively concerning any of the actions listed above must disclose in the pre-employment 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.
- An employee 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 an employee failed to disclose information required to be disclosed by a person in the pre-employment affidavit is grounds for termination.
- The District shall discharge or refuse to allow a person to be employed against whom this determination has been made.
Removed
- All District positions have the potential for contact with students.
Legal Compliance Summary
Legacy analysis, generated before statute text was checked against a verified source library. Citations in this section have not been machine-verified.
AI-generated assessment. Verify citations independently before relying on this analysis.
- Pre-Employment Affidavit Requirement: Starting June 20, 2025, Texas law (H.B. 571, TEC § 22A.055) requires school districts to collect a signed affidavit from job applicants before hiring. This policy update adds that requirement, including a TEA-approved form and consent to release past employment records.
- Required Disclosure Topics: The new affidavit requires applicants to disclose five specific types of information, including any past law enforcement or CPS investigations, licensing actions, placement on a state registry, prior school employment, and any terminations or resignations from a school. These five disclosure items are each required by TEC § 22A.055.
- False Allegation Exception: Under TEC § 22A.055(c), a district is allowed — but not required — to hire or continue working with someone who disclosed a past allegation if the district determines that allegation was false. This policy reflects that option.
- Consequences for Non-Disclosure: State law (TEC § 22A.055) sets out two different consequences depending on the situation. If a person is found to have failed to disclose required information, the district must discharge or refuse to hire them; separately, failure to disclose can also serve as grounds for termination.
- Local Policy Additions: The district made two changes that are not directly required by state law. It removed a sentence stating that all district positions have potential contact with students, and it added references to board policy and district procedures as additional reasons an applicant may be disqualified based on criminal history.
Legal Compliance DetailsMixed
Legacy analysis, generated before statute text was checked against a verified source library. Citations in this section have not been machine-verified.
AI-generated assessment. Verify citations independently before relying on this analysis.
Removal of sentence 'All District positions have the potential for contact with students' Locally Discretionary
Verified via: verbatim statute text
Local additions: District chose to remove this general statement; no statute required or prohibited this language
Addition of 'Board Policy or District procedure or' to disqualifying criteria for criminal history Locally Discretionary
Verified via: verbatim statute text
Local additions: District expanded disqualifying criteria to reference board policy and district procedure; no statute in the analysis requires or expressly authorizes this specific addition
Requirement to submit TEA-adopted form and consent to release of employment records Required by Law
Statutory basis: TEC § 22A.055(a); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Pre-employment affidavit disclosure item 1 — law enforcement or CPS investigation, charges, adjudication, or conviction for specified conduct Required by Law
Statutory basis: TEC § 22A.055(a)(1); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Pre-employment affidavit disclosure item 2 — licensing authority investigation or license denial/suspension/revocation for specified conduct Required by Law
Statutory basis: TEC § 22A.055(a)(2); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Pre-employment affidavit disclosure item 3 — inclusion in the registry Required by Law
Statutory basis: TEC § 22A.055(a)(3); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Pre-employment affidavit disclosure item 4 — prior or current employment or service provider status at public or private school Required by Law
Statutory basis: TEC § 22A.055(a)(4); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Pre-employment affidavit disclosure item 5 — termination, discharge, or resignation in lieu of termination from school Required by Law
Statutory basis: TEC § 22A.055(a)(5); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Requirement to disclose all relevant facts upon affirmative answer, including whether allegation was true or false Required by Law
Statutory basis: TEC § 22A.055(b); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Permission to employ despite disclosed allegation if the entity determines the allegation was false Permitted by Law
Statutory basis: TEC § 22A.055(c); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Failure to disclose as grounds for termination of employment or service Permitted by Law
Statutory basis: TEC § 22A.055(d); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
Local additions: The statute analysis characterizes this subsection as a permissive basis for termination, not a mandate; the district's policy language states this 'is grounds for termination,' which tracks the statutory permission without adding a local mandate beyond what the statute authorizes
Mandatory discharge or refusal to hire/allow service from person determined to have failed to disclose required information Required by Law
Statutory basis: TEC § 22A.055(e); S.B. 571 (89th Leg., R.S., eff. June 20, 2025)
Verified via: verbatim statute text
This update removes the sentence stating that all District positions have the potential for contact with students, adds a reference to "Board Policy or District procedure" as grounds for disqualification, and adds an entirely new "Pre-Employment" section requiring applicants to submit a TEA-adopted form, consent to release of employment records, and a pre-employment affidavit disclosing prior investigations, licensing sanctions, registry inclusion, prior school employment, and prior terminations — with consequences for failure to disclose.
Added
- Board Policy or District procedure or (added as part of the disqualification language referencing inconsistency with Board Policy or District procedure or the job duties of the position)
- Pre-Employment section heading (entire new section)
- A person applying to act as an employee for the District must submit a form adopted by the Texas Education Agency, consent to release of the person's employment records, and a pre-employment affidavit 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 at Texas Education Code § 22A.051A(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 § 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 person applying to act as an employee for the District who answers affirmatively concerning any of the actions listed above must disclose in the pre-employment 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.
- An employee 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 an employee failed to disclose information required to be disclosed by a person in the pre-employment affidavit is grounds for termination.
- The District shall discharge or refuse to allow a person to be employed against whom this determination has been made.
Removed
- All District positions have the potential for contact with students.
Legal Compliance Summary
Legacy analysis, generated before statute text was checked against a verified source library. Citations in this section have not been machine-verified.
AI-generated assessment. Verify citations independently before relying on this analysis.
- New Pre-Employment Form: State law S.B. 571 now requires all school district job applicants to complete a standard form adopted by the Texas Education Agency (TEA). This policy update adds that requirement to district hiring procedures.
- Pre-Employment Affidavit: Under S.B. 571 (TEC § 22A.055(a)), applicants must sign a sworn statement disclosing certain past events, including any investigations for misconduct, professional license sanctions, placement on a misconduct registry, prior school employment, and any termination or resignation from a school employer.
- Detailed Disclosure Required: If an applicant answers 'yes' to any affidavit question, S.B. 571 (TEC § 22A.055(b)) requires them to provide specific details about that situation. This policy reflects that statutory requirement.
- Consequences for Non-Disclosure: S.B. 571 (TEC § 22A.055(d) and (e)) requires that a district refuse to hire, or terminate, any applicant or employee who fails to fully disclose required information. This policy includes that consequence.
- Board Policy as Disqualification Ground: The district independently added language stating that inconsistency with Board Policy or District procedure can be a reason to disqualify a job applicant. No state statute requires or specifically authorizes this addition; it reflects a local decision.
- Removal of Prior Language: The district chose to remove a sentence that previously stated all district positions have the potential for contact with students. No state law required or prohibited this sentence, and its removal was an independent editorial decision by the district.
Legal Compliance DetailsMixed
Legacy analysis, generated before statute text was checked against a verified source library. Citations in this section have not been machine-verified.
AI-generated assessment. Verify citations independently before relying on this analysis.
Pre-Employment Form and Consent for Release of Employment Records Required by Law
Statutory basis: TEC § 22A.055(a) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Pre-Employment Affidavit—Disclosure of Investigation, Charges, or Adjudication for Specified Misconduct Required by Law
Statutory basis: TEC § 22A.055(a)(1) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Pre-Employment Affidavit—Disclosure of Licensing Authority Investigation or Sanction Required by Law
Statutory basis: TEC § 22A.055(a)(2) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Pre-Employment Affidavit—Disclosure of Registry Inclusion Required by Law
Statutory basis: TEC § 22A.055(a)(3) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Pre-Employment Affidavit—Disclosure of Prior School Employment or Service Provider Role Required by Law
Statutory basis: TEC § 22A.055(a)(4) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Pre-Employment Affidavit—Disclosure of Prior Termination or Resignation from School Required by Law
Statutory basis: TEC § 22A.055(a)(5) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Detailed Disclosure of Relevant Facts for Affirmative Answers Required by Law
Statutory basis: TEC § 22A.055(b) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Permission to Employ if Allegation Determined to be False Permitted by Law
Statutory basis: TEC § 22A.055(c) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Failure to Disclose as Grounds for Termination and Mandatory Discharge or Refusal to Employ Required by Law
Statutory basis: TEC § 22A.055(d) and (e) as enacted by S.B. 571 (89th Leg., R.S.)
Verified via: verbatim statute text
Reference to Board Policy or District Procedure as Disqualification Ground Locally Discretionary
Verified via: verbatim statute text
Local additions: District independently chose to include inconsistency with Board Policy or District procedure as a disqualification criterion; no statute in the analysis requires or expressly authorizes this specific addition
Removal of Language: 'All District Positions Have Potential for Contact with Students' Locally Discretionary
Verified via: verbatim statute text
Local additions: District made an independent editorial choice to remove this prior local policy statement; no statute in the analysis requires or prohibits this language