4-AISDP 0008 - BACKGROUND CHECK CERTIFICATION - ISSUE NO. 002.pdf

Index. No. AISDP-0008 Page No. Page 1 of 2 Issue No. 002

Updated: February 2021

Criminal Background Check Certification for Contractors

Introduction: Texas Education Code Chapter 22 requires service contractors to obtain criminal history record information on covered employees. Contractors must certify to the school district that they have done so. Covered employees with disqualifying convictions are prohibited from serving at a school district. For more information on how to obtain criminal histories for covered employees, contact the

Texas Department of Public Safety’s Crime Records Service at (512) 424-2474.

If you do not have or are unable to obtain a DPS account, contact Human Resources at (806) 326-

1490.

Definitions:

Covered employee: Employee of a contractor who has or will have continuing duties related to the contracted services and has or will have direct contact with students. The school district will be the final arbiter of what constitutes direct contact with students.

Continuing duties related to contracted services: Work duties that are performed pursuant to a contract to provide services to a school entity on a regular, repeated basis rather than infrequently or one-time only.

Direct contact with students: The contact that results from activities that provide substantial opportunity for verbal or physical interaction with students that is not supervised by a certified educator or other professional district employee. Contact with students that results from services that do not provide substantial opportunity for unsupervised interaction with a student or students, such as addressing an assembly, officiating a sports contest, or judging an extracurricular event, is not, by itself, direct contact with students. However, direct contact with students does result from any activity that provides substantial opportunity for unsupervised contact with students, which might include, without limitation, the provision of coaching, tutoring, or other services to students. If it is unclear whether you or your employees will have direct contact with students, contact the Amarillo Independent School District.

Disqualifying conviction: One of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of

Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.

Service Contractor: An entity, including a government entity and an individual independent contractor, that contracts or agrees with a school entity by written agreement or verbal understanding to provide services through individuals who receive compensation.

THIS CERTIFICATION MUST BE COMPLETED AND

RETURNED TO THE HUMAN RESOURCES OFFICE

BEFORE A CONTRACTOR OR CONTRACTOR’S

EMPLOYEES MAY PROVIDE SERVICES FOR AISD.

NONCOMPLIANCE OR MISREPRESENTATION

REGARDING THIS CERTIFICATION IS GROUNDS FOR

CONTRACT TERMINATION WITHOUT PENALTY TO

AISD.

Index. No. AISDP-0008 Page No. Page 2 of 2 Issue No. 002

Updated: February 2021

To Be Completed by Contractor/Company:

Name of Contactor/Company:

Contact Person:

Contact Number:

Certification

On behalf of (“Contractor”), I, the undersigned authorized signatory for Contractor, certify to the Amarillo Independent School District (“District”) that [initial one of the three options below]:

I have obtained all required criminal history record information regarding myself through the Texas Department of

Public Safety’s Finger-based Applicant Clearinghouse of Texas (“FACT”). I further certify to the District that I do not have a disqualifying criminal history. I agree to notify AISD in writing within 3 business days if I am arrested or adjudicated for a disqualifying reason during the contract term. I agree to provide AISD with my name and any other requested information of covered employees so that AISD may obtain my criminal history record information. I understand that AISD may terminate my services if at any time it determines, in its sole discretion, that my criminal history is not acceptable. If I do not have a Texas FACT account, I will follow the proper procedures to allow AISD to run my background information, and if a qualifying offense is found by AISD, upon notice of AISD to Contractor, I will not perform work on any AISD property and AISD may terminate my services.

OR

Some or all of Contractor’s employees are covered employees. If this box is checked, I further certify that:

(1) Contractor has obtained all required criminal history information regarding its covered employees. None of the covered employees has a disqualifying criminal history.

(2) If Contractor is unable to obtain required criminal history information through their own FACT account, Contractor will submit all employees through AISD’s FACT account and allow AISD to subscribe to their employees criminal history. If a qualifying offense is found by AISD, upon notification by AISD to

Contractor, Contractor will not allow any of these employees to work on AISD property.

(3) If Contractor receives information from their own FACT account or by notice from AISD from AISD’s FACT account, that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and if subscribed to Contractor’s own account, notify the District within three (3) business days.

(4) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.

OR

None of the Contractor’s employees are covered employees, as defined above, because: [either one or both must be checked – refer to definitions on front page]

(1) [ ] Employees will not have “continuing duties related to the contracted services”

(2) [ ] Employees will not have “direct contact with students”

If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that its employees will not become covered employees. Contractor will maintain these precautions or conditions throughout the time contracted services are provided.

Signature:

Printed Name:

Title: Date: