(a) The agency shall review the national criminal history record information of an employee of an open-enrollment charter school to whom § 12.1059 applies in the same manner as the State Board for Educator Certification reviews certified educators under § 22.0831. If the agency determines that, based on information contained in an employee’s criminal history record information, the employee would not be eligible for educator certification under Subchapter B, Chapter 21, the agency shall notify the open-enrollment charter school in writing that the person may not be employed by the school or serve in a capacity described by § 12.1059.
(b) An open-enrollment charter school must provide the agency with any information requested by the agency to enable the agency to complete a review under Subsection (a). Failure of an open-enrollment charter school to provide information under this subsection is a material violation of the school’s charter.