1. (a) 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 disclosing whether the person has ever been:

   1. (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);
   2. (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 by Section 22A.051(a)(2)(A), (B), (C), or (D);
   3. (3) included in the registry;
   4. (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. (5) terminated or discharged or has resigned, in lieu of being terminated or discharged, from a public or private school.
2. (b) 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.
3. (c) A person or service provider is not precluded from being employed by or providing services to an educational entity based on a disclosed allegation if the entity determines based on the information disclosed in the affidavit that the allegation was false.
4. (d) A determination that an employee or person providing services failed to disclose information required to be disclosed by a person under this section is grounds for termination of employment or service.
5. (e) An educational entity shall discharge or refuse to hire or allow to act as a service provider for the entity a person against whom a determination has been made under Subsection (d).
6. (f) The board may revoke the certificate of an administrator if the board determines it is reasonable to believe that the administrator employed a person or accepted services from a service provider despite being aware that the person knowingly failed to disclose information required to be disclosed under Subsection (a).

7. (g) A person commits an offense if the person fails to disclose information required to be disclosed under Subsection (a). An offense under this subsection is a Class B misdemeanor.

   Transferred, redesignated and amended from Education Code, Section 21.009 by Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 1.10, eff. June 20, 2025.

Added by Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 7, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 3, eff. September 1, 2019.