Texas Education Code (“TEC”) § 22.0834 requires contractors providing services to IDEA Public Schools (“IDEA”) to facilitate a national criminal history record information review for any contractor employees who (1) have or will have continuing duties related to the contracted services and (2) have or will have direct contact with students (“covered employees”) prior to beginning contract services. Under the National Child Protection Act (NCPA), only a qualified entity that is based in Texas may have access to NCHRI in the DPS FACT (Fingerprint base Applicant Clearinghouse of Texas) Clearinghouse. A qualified entity means a business or organization that provides care or placement services for the care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disability. 34 U.S.C. § 40104.