Volume 1, Issue 6
February, 2008
SCOPE FOR PSRP’S
Telephone—682-1143, Fax—631-0190, Cell—607-0193
Stories contributed by McAllen AFT PSRP’s
FINGERPRINTING MANDATORY FOR NON-CERTIFIED EMPLOYEES
Senate Bill 9(SB 9), which was passed by the 80th Legislature and became law on June 15, 2007, requires expanded criminal history information reviews for most classes of educators and school employees.
For the purpose of conducting background checks, a non-certified employee is one who does not possess an SBEC-issued certificate. Substitute teachers will be considered under the certified employee background check guidelines.
Which non–certified employees have to submit fingerprints?
Non-certified employees hired after 1/1/08
Contract employees hired after 1/1/08
Which non-certified individuals will undergo a name-based background check?
Non-certified employees hired before 1/1/08
Contract employees hired before 1/1/08
Student Teachers
Volunteers, unless they are a parent or guardian of a student, accompanied on campus by a district employee, or volunteering for a single event.
Department of Public Safety clearinghouse.
The clearinghouse created by SB9 will be administered by DPS, which will develop specific procedures for its use. The clearinghouse will consist of a database containing an employee’s national criminal history base on fingerprints, photos, and other identification that will enable the employing school district and TEA and/or SBEC to have access not only to the employee’s current national criminal history but also to updates of the employee’s subsequent criminal history. Name-based background checks will not become part of the DPS clearinghouse.
Is there any particular sequence of districts that SBEC will use?
No, but SBEC has stated the Austin ISD will be the first district notified in January 2008. SBEC will notify the affected districts as action becomes required on their part.
How will the fingerprints be collected?
After being notified by SBEC, districts will upload required information identifying affected employees and applicants being considered for employment to SBEC Online.
After receiving the information from districts, TEA will e-mail a list to the district identifying those individuals who are subject to SB 9 fingerprinting. TEA will also send an individual “
The applicant must next schedule an appointment online at http://www.iisfingerprint.com. When scheduling the appointment, the applicant must have the
SB 9 does not require districts to pay for employee background checks for non-certified employees. Applicants must pay the fee online with a credit card or approved debit card. If the applicant does not have either card, a pre-paid/one-time use credit card can be obtained from any financial institution or certain retail outlets. Districts can choose to cover all or part of the cost as a matter of local policy.
What must an applicant take to the scheduled fingerprint appointment?
Receipt from the online payment
Photo identification (driver’s license, state-issued identification card, etc.)
SBEC recommends that the applicant keep the
Districts will be able to check the progress of each applicant throughout the process via SBEC Online.
An applicant may be employed contingent on the outcome of the criminal background check.
The district may withdraw an employment offer at any time if there is activity on an applicant’s criminal history that would warrant such action. The district also may withdraw the offer of employment before TEA completes the review.
If the employee has a criminal history and resigns or is discharged by the district, the district must notify TEA immediately, and no further review will be conducted by TEA.
Once the applicant is hired, will the district be notified of any subsequent offenses?
Yes. If employment is extended to the applicant, the district will continue to have access to information related to that applicant. The district will receive notification of any subsequent criminal activity after the review is completed.
If criminal activity appears on the applicant’s report, the district may log in to the DPS clearinghouse to view the applicant’s record.
Section 22.0895 (a) of the Texas Education Code requires a district to discharge or refuse to hire an employee of applicant if a criminal history review finds that employee has been convicted of a felony offense under Title 5, Penal Code (homicide, kidnapping, assault, trafficking of person, sexual offenses ) or equivalent state or federal offense, or an offense which requires the defendant to register as a sex offender. Additionally, at the time the offense occurred, the victim of the offense must have been under 18 years of age or enrolled in public school.
Assuming that a non-certified employee is an “employee at will,” a district may fire the employee on the basis of a criminal history.
This mandatory discharge provision does not apply if the date of the offense is more that 30 years old (as of June 15, 2007, for those already employed by that date or as of the date employment will begin) and the employee or applicant satisfied all terms of the court order entered on conviction.
Please note that this mandatory-discharge provision also does not apply to deferred adjudications for individuals charged with the above-mentioned crimes.
According to SB 9, districts will have access to “all criminal history record information and all records contained in any closed criminal investigation file.” Arrest records are maintained by law enforcement agencies and will be made available to employers unless the record is expunged. School districts may make adverse employment decisions based on arrests, probation records, or deferred adjudications.
Persons charged with a crime are eligible to remove or “expunge their criminal record if acquitted of the crime charged or if the charge was dismissed.” If you were sentenced to jail, if you were on probation, or if you pled guilty and were sentenced to time served, you are not eligible for an expunction. You are advised to consult with a criminal attorney to determine the disposition of any criminal charges and to determine if the charges are eligible for expunction. Expunction is not automatic; there is a legal process that you must go through. For information, see Texas Code of Criminal Procedure Ch. 55: http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm#55.01.00
What if I was placed on “deferred adjudication,” met all court-imposed requirements, and then charges were dismissed?
No. This information cannot be expunged.
For more information:
SB 9 Text: http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB0009F.htm
SBEC—SB 9 Frequently Asked Questions for Administrators:
http://www.sbec.state.tx.us/SBECOnline/fp/faqSB9.asp?width=1208&heigth=1024
TEA’s Briefing Book on Public Education Legislation:
http://www.tea.state.tx.us/comm/leg reports/LegBreBooJuly07.pdf
Texas Code of Criminal Procedure, Ch.55—Expunction of Criminal Records: http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000055.00.htm#55.01.00
For online updates of this FAQ from
THREE SIGNS OF A MISERABLE JOB:
“Awful, “dreary,” and “miserable” are adjectives that many people use to describe their jobs at one time or another. Dissatisfaction on the job is common and often temporary. But not many people take time to analyze what makes a job miserable, and how to fix it.
Fortunately Patrick Lencioni has done much of that work in his book “The Three Signs of a Miserable Job.”
JOB MISERY IS UNIVERSAL
The author notes that a “miserable” job differs from a “bad” job, as one person’s dream job may not appeal to another worker. A miserable job, however, has some universal traits.
“A miserable job makes a person cynical and frustrated and demoralized when they go home at night,” Lencioni says.
“It drains them of their energy, their enthusiasm, and self-esteem. Miserable jobs can be found in every industry and at every level.”
Lencioni blames much of the problem on managers, who are a key factor in the job satisfaction (or dissatisfaction) of their employees. A recent Yahoo! Hot-Jobs survey points to a similar conclusion: 43% of workers said discontent with their boss was the main reason they planned to look for a new job in 2008.
THE THREE SIGNS
Lencioni identifies the three signs of job misery as anonymity, irrelevance, and “immeasurement.”
Anonymity: Employees feel anonymous when their manager has little interest in them as people with unique lives, aspirations, and interests.
Irrelevance: This condition occurs when workers cannot see how their job makes a difference. “Every employee needs to know that the work they do impacts someone’s life--a customer, a co-worker, even a supervisor--in one way or another.”
Immeasurement: This term describes the inability of employees to assess for themselves their contributions or success. As a result they often rely on the opinions of others--usually the manager--to measure their success.
THREE REMEDIES FOR JOB MISERY
For workers who may be experiencing the signs of job misery, Lencioni recommends three steps to improve the boss-employee dynamic and enhance job satisfaction.
1. Assess your manager. Is the boss interested in the capable of addressing the three factors mentioned above? “Most managers really do want to improve, in spite of the fact that they may seem disinterested or too busy.”
2. Help your manager understand what you need. This could mean reviewing with your manager what key measurements for success are for your job. Lencioni also suggests asking your boss, “Can you help me understand why this work I’m doing makes a difference to someone?”
3. Act more like the manager you want. “Employees who take a greater interest in the lives of their managers are bound to infect them with the same kind of human interest they seek,” the author says. Or find ways to let your manager know how his or her performance makes a positive difference for you.
Be Realistic
Richard Phillips, founder of Career Advantage Solutions, agrees that “managing up” is a good way to improve job satisfaction, but he cautions employees to be realistic in their expectations. “Managers are not mind readers,” he says. “Take the responsibility to communicate upon yourself, and remember there has to be an ongoing dialogue, or change is unlikely to happen.”
QUICK CHICKEN CURRY
Ingredients:
1 large onion, chopped
2 tablespoon olive oil
2 tablespoon curry powder (preferably
1/2 cup tomato juice
1/2 cup dry red wine
2 tablespoon chutney (chopped if very chunky)
8 skinless, boneless chicken breast halves (about 3 pounds), cut
1 teaspoon kosher salt
Accompaniments:
2 cups cooked rice; 1/2 cup salted shelled peanuts; 1/2 red bell pepper, slivered; and 3 scallions, slivered.
In a large, deep skillet, cook the onion in the oil over medium heat, stirring, until golden brown, about 10 minutes. Add the curry powder and cook , stirring for 30 seconds. Stir in the tomato juice, wine and chutney and simmer for 2 minutes to blend the flavors. Add the chicken and simmer, covered, stirring occasionally, until cooked through, about 10 minutes. Add the salt. Serve half the chicken curry rice. Top with peanuts, bell pepper, and scallions.
Joke for the Month
One afternoon a little boy was playing outdoors. He used his mother’s broom as a horse and had a wonderful time until it was getting dark.
He left the broom on the back porch. His mother was cleaning up the kitchen when she realized that her broom was missing. She asked the little boy about the broom and he told her where it was. She then asked him to please go get it. The boy informed his mom that he was afraid of the dark and didn’t want to go out to get the broom.
His mother smiled and said “The Lord is out there too, don’t be afraid”. The little boy opened the back door a little and said “Lord if you’re out there, hand me the broom”.