• SB7 Pre-Employment Affidavit Now in Effect
  • February 1, 2018
  • In a November 13, 2017, To the Administrator Addressed bulletin, the Texas Education Agency issued its official form for use in complying with new requirements in Texas Education Code § 21.009 that applies to all applicants for educator positions at school districts, districts of innovation, open-enrollment charter schools, regional education service centers, or shared services arrangements.

    You should be aware that Senate Bill 7, 85th Texas Legislature, Regular Session, added the requirement for such applicants to provide, “using a form adopted by the agency, a pre-employment affidavit disclosing whether the applicant has ever been charged with, adjudicated for, or convicted of having an inappropriate relationship with a minor.”

    The dilemma was that when the SB 7 became effective on September 1, 2017, the agency had not yet developed the form, but yet districts were being warned informally not to try to create their own. Thus, when the form was released in November, it was a welcome development. However, to the surprise of some, the form actually consists of two documents.

    The first document is a Declaration of Applicant, which is a non-notarized form to be completed by all applicants for educator positions. This means that the form should be included along with the application packet. The form is available at:

    Sample Pre-Employment Affidavit for Applicants

    The second document is a notarized affidavit to be completed by an applicant who is offered employment. This means that the form should be reserved only for those to whom you actually extend a job offer. The form is available at:

    Sample Pre-Employment Affidavit for Applicant Offered Employment

    The documents were developed in conjunction with the Texas Association of School Boards (TASB); therefore, they are also available on TASB’s website.

    The two-step process that this entails will prevent every single applicant from having to locate a Notary Public just to complete an application, leaving that task to be completed only by those who plan to accept an offer. This should streamline the application process.

    Keep in mind that failure to disclose that mandatory application information is grounds for termination. Also note that, although applicants are not precluded from employment “if the employing entity determines based on the information disclosed in the affidavit that the charge was false,” administrators who knowingly hire a certified educator who was adjudicated for or convicted of an inappropriate relationship with a minor may have their certificates revoked by SBEC.