Effective September 1, 2017, applicants for jobs with a district must submit an affidavit disclosing whether the applicant has ever been charged with, adjudicated for, or convicted of having an inappropriate relationship with a minor. Furthermore, the affidavit must be a form adopted by the TEA.

The Commissioner has now approved two separate affidavits. The first, posted on TASB’s site here: https://www.tasb.org/Services/Legal-Services/TASB-School-Law-eSource/Personnel/documents/sample_pre_employment_affidavit_applicants.aspx is the “Pre-Employment Affidavit for Applicant.” This affidavit must be completed by all applicants for qualifying positions, regardless of whether they are offered the job. The second affidavit, posted here:  https://www.tasb.org/Services/Legal-Services/TASB-School-Law-eSource/Personnel/documents/sample_pre_employment_affidavit_applicant_offered_.aspx must be completed by the applicant who is offered the position, and must be notarized.

Defining an “Applicant”

For the purposes of pre-employment affidavits, “applicant” includes anyone applying with a school district, district of innovation, open-enrollment charter school, regional education service center, or shared services arrangement for the following position(s):

  • Teacher
  • Teacher intern or teacher trainee
  • Librarian
  • Educational aide
  • Administrator
  • Educational diagnostician
  • School counselor
  • Audiologist
  • Occupational therapist
  • Physical therapist
  • Physician
  • Nurse
  • School psychologist
  • Associate school psychologist
  • Licensed professional counselor
  • Marriage and family therapist
  • Social worker
  • Speech language pathologist

Please note that this list does not include substitute teachers.

Information in the Affidavit

Any applicant who answers affirmatively must disclose all relevant facts pertaining to the charge in the affidavit, including whether the charge was determined to be true or false. Failure to disclose this information is grounds for termination of employment. An applicant is not precluded from being employed based on a disclosed charge if the employing entity determines, based on the information disclosed in the affidavit, that the charge was false.

Revocation of SBEC Certification for Administrators

SBEC may revoke the certificate of an administrator if SBEC determines the administrator employed a qualifying applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor.

TASB has published an FAQ on pre-employment affidavits available here: https://www.tasb.org/Services/Legal-Services/TASB-School-Law-eSource/Personnel/documents/required_pre_employment_affidavits_faq.aspx. Contact your school attorney for additional information about pre-employment affidavit requirements.

 

This article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers about school law topics and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.