16-22A-1. Short title; purpose.--This chapter shall be known and cited as the Alabama Child Protection Act of 1999. Article 1 provides the procedure for conducting criminal history background information checks on all applicants for certification, public and nonpublic applicants for employment, nonpublic current employees, and current employees under review. Article 2 provides the procedure for conducting criminal history background information checks on current public certified and noncertified employees.

16-22A-6. Request from schools for criminal background information check.--(a) The State Department of Education, or other public authorized employer responsible for hiring employees who will have unsupervised access to children in an educational setting, shall request through the State Department of Education, that the Department of Public Safety secure from both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history background information check on each applicant for certification, certified applicant for public employment, noncertified applicant for public employment, and public current employee under review. (b) Any nonpublic school in which an individual may have unsupervised access to children in an educational setting, shall through its duly authorized representative under guidelines established by the nonpublic school employer, request that the Department of Public Safety secure a state criminal history background information check from the Alabama Bureau of Investigation and a nationwide criminal history background information check from the Federal Bureau of Investigation, on each applicant for nonpublic employment, nonpublic current employee, and nonpublic current employee under review. (c) A request to the Department of Public Safety for a criminal history background information check on an applicant for certification, applicant for employment, nonpublic current employee, and current employee under review shall be accompanied by the following:(1) Two complete functional sets of fingerprints, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. (2) In the case of public education employment, written consent from the applicant for certification, certified applicant for public employment, non-certified applicant for public employment, or public current employee under review for the release of criminal history background information to the State Superintendent of Education and a specifically designated representative of the State Department of Education authorized to make the request. (3) In the case of nonpublic school employment, written consent from the applicant for employment, nonpublic current employee, or current employee under review for the release of criminal history background information to the State Superintendent of Education. (4) A nonrefundable fee to be paid by the applicant or educational entity requesting the criminal history background information check which shall conform to the guidelines promulgated pursuant to 42 U.S.C. 5119, the National Child Protection Act of 1993, and state law. An applicant for employment shall not be required to pay the fee until the authorized employer is prepared to employ the applicant and request the criminal history background information check. An applicant for certification shall be required to submit two complete acceptable sets of fingerprints and the fee for the criminal history background information check at the time his or her application for certification is submitted to the State Department of Education. If two sets of acceptable fingerprints and the appropriate fee are submitted to the State Department of Education and a criminal history background information check is not performed, the fee shall be refunded to the applicant or educational entity that paid the fee for the criminal history background information check.

16-22A-7. Responsibilities of individuals to provide information.-- (a) An applicant for certification, applicant for public employment, or public current employee under review with the State Department of Education or local employing board, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the State Department of Education: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Department of Education. (3) Acknowledgment that the applicant for certification, applicant for public employment, or public current employee under review received notice that the State Superintendent of Education will provide a suitability determination, based upon criminal history information reports and suitability criteria for public employment, to the applicant, current employee under review, and local employing board. (4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a public current employee under review shall be paid by the requesting employing entity. (b) An applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the chief executive officer of the nonpublic school who shall forward such information to the Department of Public Safety: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Superintendent of Education. (3) Acknowledgment that the applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review received notice that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history information reports and the suitability criteria for nonpublic employment defined herein to the chief executive officer of the nonpublic school. (4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee under review shall be paid by the requesting employing entity. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee shall be paid by the State Department of Education, unless a court of competent jurisdiction determines that public funds may not be used for this purpose, then the fee shall be paid by the employer or the employee. (c) The State Department of Education, local employing board, or other authorized public educational employer, may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer. (d) A nonpublic school employer may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer of the nonpublic school employer.

16-22A-10. Confidentiality of information.-- (a)(1) Any criminal history background information reports received by the State Department of Education from the Department of Public Safety shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection. (2) Any criminal history background information report received by a local employing board from the State Department of Education shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection. (b) All criminal history background information reports are specifically excluded from any requirement of public disclosure as a public record as the Legislature finds these documents to be sensitive personnel records. (c) Transmittal of any criminal history background information at any time shall be accomplished in a nontransparent package, sealed, and marked confidential with instructions to be opened only by the person named on the package and authorized to receive the information pursuant to this chapter. (d) Without additional public disclosure, the following actions shall not be construed to violate this section: (1) Showing the report of criminal history background information to the applicant for certification, applicant for employment, current employee, or current employee under review to give him or her the opportunity to challenge the report. (2) Releasing the report to a court of competent jurisdiction in the event of litigation brought by the applicant for certification, applicant for employment, current employee, or current employee under review. (3) Use of the information in preparation, investigation, and presentation during administrative proceedings involving revocation of certification or suitability determination brought by the State Superintendent of Education, termination by the employer, or restriction on unsupervised access to a child in an educational setting. (e) Any person having access to criminal history background information check reports and releasing same as provided herein, shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. 5119, et seq. (f) Nothing in this chapter shall be construed to prohibit he distribution of employment or certification status through the National Association of State Directors of Teacher Education and Certification Educator Identification Clearinghouse.

16-22A-13. Liability. -- An authorized employer shall not be liable in any action for damages solely for failure to conduct a criminal history background information check on an educational employee pursuant to this chapter if such failure is due to reasonable time constraints of background check backlogs, nor shall the state or political subdivision thereof, nor any agency, officer, or employee thereof, be liable in any action for damages for the failure of a qualified entity to take action adverse to an individual who was the subject of a criminal history background information check. Neither the State Superintendent of Education, the State Department of Education, nor any agent thereof shall be liable in civil court in an action for damages arising out of any suitability determination. Nothing herein shall be construed as a waiver of any sovereign or qualified immunity.

16-22A-12. Penalties.-- (a) Violations. Any person convicted of any of the following actions under this chapter shall be guilty of a Class A misdemeanor: (1) Violating the confidentiality of records provisions. (2) Violating lawfully adopted policies which are provided for in this chapter. (3) Knowingly, willfully, and intentionally making or transmitting a false report or complaint against any current employee, current employee under review, or applicant without reason to believe the accuracy of such report or complaint. (b) False information or failure to disclose. Any person who knowingly submits false information concerning past convictions on an application for employment may be subject to loss of employment under provisions for termination according to applicable existing statutes and to the loss of any certificate issued by the State Superintendent of Education under this chapter.

16-22A-1. Short title; purpose.--This chapter shall be known and cited as the Alabama Child Protection Act of 1999. Article 1 provides the procedure for conducting criminal history background information checks on all applicants for certification, public and nonpublic applicants for employment, nonpublic current employees, and current employees under review. Article 2 provides the procedure for conducting criminal history background information checks on current public certified and noncertified employees.

16-22A-6. Request from schools for criminal background information check.--(a) The State Department of Education, or other public authorized employer responsible for hiring employees who will have unsupervised access to children in an educational setting, shall request through the State Department of Education, that the Department of Public Safety secure from both the Alabama Bureau of Investigation and Federal Bureau of Investigation a criminal history background information check on each applicant for certification, certified applicant for public employment, noncertified applicant for public employment, and public current employee under review. (b) Any nonpublic school in which an individual may have unsupervised access to children in an educational setting, shall through its duly authorized representative under guidelines established by the nonpublic school employer, request that the Department of Public Safety secure a state criminal history background information check from the Alabama Bureau of Investigation and a nationwide criminal history background information check from the Federal Bureau of Investigation, on each applicant for nonpublic employment, nonpublic current employee, and nonpublic current employee under review. (c) A request to the Department of Public Safety for a criminal history background information check on an applicant for certification, applicant for employment, nonpublic current employee, and current employee under review shall be accompanied by the following:(1) Two complete functional sets of fingerprints, properly executed by a criminal justice agency or an individual properly trained in fingerprinting techniques. (2) In the case of public education employment, written consent from the applicant for certification, certified applicant for public employment, non-certified applicant for public employment, or public current employee under review for the release of criminal history background information to the State Superintendent of Education and a specifically designated representative of the State Department of Education authorized to make the request. (3) In the case of nonpublic school employment, written consent from the applicant for employment, nonpublic current employee, or current employee under review for the release of criminal history background information to the State Superintendent of Education. (4) A nonrefundable fee to be paid by the applicant or educational entity requesting the criminal history background information check which shall conform to the guidelines promulgated pursuant to 42 U.S.C. 5119, the National Child Protection Act of 1993, and state law. An applicant for employment shall not be required to pay the fee until the authorized employer is prepared to employ the applicant and request the criminal history background information check. An applicant for certification shall be required to submit two complete acceptable sets of fingerprints and the fee for the criminal history background information check at the time his or her application for certification is submitted to the State Department of Education. If two sets of acceptable fingerprints and the appropriate fee are submitted to the State Department of Education and a criminal history background information check is not performed, the fee shall be refunded to the applicant or educational entity that paid the fee for the criminal history background information check.

16-22A-7. Responsibilities of individuals to provide information.-- (a) An applicant for certification, applicant for public employment, or public current employee under review with the State Department of Education or local employing board, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the State Department of Education: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Department of Education. (3) Acknowledgment that the applicant for certification, applicant for public employment, or public current employee under review received notice that the State Superintendent of Education will provide a suitability determination, based upon criminal history information reports and suitability criteria for public employment, to the applicant, current employee under review, and local employing board. (4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a public current employee under review shall be paid by the requesting employing entity. (b) An applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review, who has or will have unsupervised access to a child or children in an educational setting, shall, upon request, submit the following items to the chief executive officer of the nonpublic school who shall forward such information to the Department of Public Safety: (1) Two functional acceptable fingerprint cards, bearing the fingerprints of the individual, properly executed by a criminal justice agency or other individual properly trained in fingerprinting techniques. (2) Written consent authorizing the release of any criminal history background information to the State Superintendent of Education. (3) Acknowledgment that the applicant for nonpublic employment, nonpublic current employee, or nonpublic current employee under review received notice that the State Superintendent of Education will provide a suitability determination based upon the Alabama Bureau of Investigation and Federal Bureau of Investigation criminal history information reports and the suitability criteria for nonpublic employment defined herein to the chief executive officer of the nonpublic school. (4) A nonrefundable fee in the amount and manner specified by the Department of Public Safety. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee under review shall be paid by the requesting employing entity. Any fee required in conjunction with a criminal history background information check of a nonpublic current employee shall be paid by the State Department of Education, unless a court of competent jurisdiction determines that public funds may not be used for this purpose, then the fee shall be paid by the employer or the employee. (c) The State Department of Education, local employing board, or other authorized public educational employer, may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer. (d) A nonpublic school employer may only request a criminal history background information check on a current employee or a current employee under review, who has unsupervised access to a child or children in an educational setting, through the chief executive officer of the nonpublic school employer.

16-22A-10. Confidentiality of information.-- (a)(1) Any criminal history background information reports received by the State Department of Education from the Department of Public Safety shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection. (2) Any criminal history background information report received by a local employing board from the State Department of Education shall be confidential, conspicuously marked as confidential, and not further disclosed or made available for public inspection. (b) All criminal history background information reports are specifically excluded from any requirement of public disclosure as a public record as the Legislature finds these documents to be sensitive personnel records. (c) Transmittal of any criminal history background information at any time shall be accomplished in a nontransparent package, sealed, and marked confidential with instructions to be opened only by the person named on the package and authorized to receive the information pursuant to this chapter. (d) Without additional public disclosure, the following actions shall not be construed to violate this section: (1) Showing the report of criminal history background information to the applicant for certification, applicant for employment, current employee, or current employee under review to give him or her the opportunity to challenge the report. (2) Releasing the report to a court of competent jurisdiction in the event of litigation brought by the applicant for certification, applicant for employment, current employee, or current employee under review. (3) Use of the information in preparation, investigation, and presentation during administrative proceedings involving revocation of certification or suitability determination brought by the State Superintendent of Education, termination by the employer, or restriction on unsupervised access to a child in an educational setting. (e) Any person having access to criminal history background information check reports and releasing same as provided herein, shall be required to maintain a register consistent with the National Child Protection Act of 1993, Public Law 103-209, 42 U.S.C. 5119, et seq. (f) Nothing in this chapter shall be construed to prohibit he distribution of employment or certification status through the National Association of State Directors of Teacher Education and Certification Educator Identification Clearinghouse.

16-22A-13. Liability. -- An authorized employer shall not be liable in any action for damages solely for failure to conduct a criminal history background information check on an educational employee pursuant to this chapter if such failure is due to reasonable time constraints of background check backlogs, nor shall the state or political subdivision thereof, nor any agency, officer, or employee thereof, be liable in any action for damages for the failure of a qualified entity to take action adverse to an individual who was the subject of a criminal history background information check. Neither the State Superintendent of Education, the State Department of Education, nor any agent thereof shall be liable in civil court in an action for damages arising out of any suitability determination. Nothing herein shall be construed as a waiver of any sovereign or qualified immunity.

16-22A-12. Penalties.-- (a) Violations. Any person convicted of any of the following actions under this chapter shall be guilty of a Class A misdemeanor: (1) Violating the confidentiality of records provisions. (2) Violating lawfully adopted policies which are provided for in this chapter. (3) Knowingly, willfully, and intentionally making or transmitting a false report or complaint against any current employee, current employee under review, or applicant without reason to believe the accuracy of such report or complaint. (b) False information or failure to disclose. Any person who knowingly submits false information concerning past convictions on an application for employment may be subject to loss of employment under provisions for termination according to applicable existing statutes and to the loss of any certificate issued by the State Superintendent of Education under this chapter.

14.20.020. Requirements for issuance of certificate; fingerprints. (a) Except as provided in (f) of this section, the department shall issue a teacher certificate to every person who meets the requirements in (b), (c), and (h) of this section. (b) A person is not eligible for a teacher certificate unless that person has received at least a baccalaureate degree from an institution of higher education accredited by a recognized regional accrediting association or approved by the commissioner and, if applicable, has passed the examination or examinations required by (i) of this section. However, this subsection is not applicable to (1) persons employed in the state public school system on September 1,1962; (2) persons issued an emergency certificate during a situation that, in the judgment of the commissioner, requires the temporary issuance of a certificate to a person not otherwise qualified. (c) The board may establish by regulation additional requirements for the issuance of certificates. The board shall require teachers to submit fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check. The board shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400. The department shall establish by regulation the fees to be charged for each certificate and for other charges assessed against teachers as part of certification. In establishing the fees to be charged, the department shall establish the fee levels so that the total amount of the fees collected relating to the certification of teachers approximately equals, when added to the other fees collected from teachers, the actual regulatory costs for certifying and disciplining teachers in the state. The department shall annually review each fee level to determine whether the regulatory costs are approximately equal to fee collections. If the review indicates that fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments to the fees for certification of teachers and adopt regulations under this subsection to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. The department shall consider the board's recommendations concerning the fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, "regulatory costs" means costs of the department that are attributable to regulation of the teaching profession, including the portion of the expenses of the board that are attributable to the regulation of the teaching profession and the expenses of the Professional Teaching Practices Commission. (d) The board may by regulation establish various classes of certificates. (e) The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to the department to carry out the purposes of this section and to support the activities of the Professional Teaching Practices Commission under AS 14.20.460, 14.20.470, and 14.20.500. (f) The department may not issue a teacher certificate to a person who has been convicted of a crime, or an attempt, solicitation, or conspiracy to commit a crime, involving a minor under AS 11.41.410 — 11.41.460 or a law or ordinance in another jurisdiction with elements similar to an offense described in this subsection. (g) The department shall issue a teacher certificate to a person who possessed a valid Alaska teacher certificate upon retirement. A teacher certificate issued under this subsection is valid for the life of the retired teacher and qualifies the holder as a substitute teacher in the state. (h) A person is not eligible for a teacher certificate unless the person has completed three semester hours in Alaska studies and three semester hours in multicultural education or cross-cultural communications. However, the commissioner may issue a provisional certificate, valid for no longer than two years, to an applicant who has not completed the semester hours required under this subsection at the time of application. (i) Beginning on July 1, 1998, a person is not eligible for an initial regular teacher certificate unless the person has taken and successfully completed a competency examination or examinations designated, at the time the person took the test, by the board. The board shall review nationally recognized examinations that are designed to test the competency of new teachers and shall designate those examinations that it finds adequately test the skills and abilities of new teachers. For each examination designated under this subsection, the board shall establish the minimum acceptable level of performance. (j) Whenever required by a provision of this chapter to submit fingerprints to use for a criminal background check for the purpose of determining a person's suitability for employment as a teacher, the department shall accept a name-based criminal history background check on a person from the agency performing the background check if the (1) person cannot submit legible fingerprint cards due to a permanent disability that precludes the person's ability to submit fingerprints; or (2) agency informs the department that its examination of at least two separate sets of fingerprint cards shows that the person's fingerprints are illegible due to a permanent skin condition.

28.15.046. Licensing of school bus drivers. -- (a) In addition to the requirements of AS 28.15.041(a), a person may not drive a school bus transporting school children to or from a public school to enable them to participate in class or a school activity, or a bus transporting school children to or from a public school for classroom studies until the person has applied for and has been issued a license for that purpose under this section. This subsection does not apply to a person or motor vehicle exempted under regulations adopted by the commissioner. In this subsection "classroom studies" means curriculum studies that take place in a public school building. (b) The department may not issue a license under this section unless the applicant (1) is at least 21 years of age; (2) has had a license to operate a motor vehicle at least three years before the date of application; (3) has successfully completed all required driving, written, and physical examinations; (4) has submitted the applicant's fingerprints, the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check, and other information sufficient to complete a background check consisting of a fingerprint check of national criminal records and state criminal records of the state or states in which the applicant has resided for the past two years; the department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400; (5) has completed a state approved school bus driver training course established under AS 14.07.020(a)(14) or has for the previous two years been licensed by the state to operate a school bus. (c) The department may not issue a license under this section to an applicant who has been convicted of any of the following offenses within 20 years of the time of application: (1) sexual abuse of a minor in any degree under AS 11.41.434 — 11.41.440; (2) sexual assault in any degree under AS 11.41.410 — 11.41.425; (3) incest under AS 11.41.450; (4) unlawful exploitation of a minor under AS 11.41.455; (5) contributing to the delinquency of a minor under AS 11.51.130; (6) a felony involving possession of a controlled or imitation controlled substance under AS 11.71 or AS 11.73; (7) a felony or misdemeanor involving distribution of a controlled or imitation controlled substance under AS 11.71 or AS 11.73; (8) promoting prostitution in the first or second degree under AS 11.66.110 or 11.66.120; (9) indecent exposure in the first or second degree under AS 11.41.458 or 11.41.460. (d) The department may not issue a license to an applicant who has been convicted of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance under AS 28.35.030 within two years of the time of application or to an applicant who has two or more convictions for driving while under the influence of an alcoholic beverage, inhalant, or controlled substance within 10 years of the time of application. (e) For purposes of determining whether an applicant has been convicted of an offense listed under (c) or (d) of this section, a conviction under prior state law or in another jurisdiction of an offense having elements substantially similar to those of the offenses listed in (c) or (d) of this section is considered a conviction. (f) Costs of conducting the background check required under (b)(4) of this section shall be paid by the applicant. Application for renewal may be made by submitting to the department the results of a current physical examination and paying the required fee.

12.300. Certification of teachers.-- (a) A teacher in a public school must be at least 18 years of age, and must hold a valid teacher certificate issued under this chapter unless the teacher is participating in an approved exchange program under 4 AAC 30.010. (b) A teacher applying for a teacher certificate must submit (1) a completed application; the application must be signed and notarized; (2) official transcripts of all college work; (3) the certificate fee; (4) two completed fingerprint cards, with fingerprinting performed by a law enforcement agency or a person who has been trained in recording fingerprints, for separate submittal to the Department of Public Safety and the Federal Bureau of Investigation; the department will accept a name-based criminal history background check on a person from the agency performing the background check if the requirements of AS 14.20.020(j) are met; and (5) the official scores demonstrating that the applicant meets or exceeds the qualifying scores for the state on one of the competency examinations designated in 4 AAC 12.310. (c) Transcripts and other required documents become a part of the teacher's permanent records and remain on file with the department. (d) The department will date certificates as of the date the completed application, transcripts, experience record, and fee are received. A certificate remains effective until the expiration date indicated on the certificate. (e) Except as provided in AS 14.20.010, the state will not, and a school district may not, pay a salary to any teacher who does not hold a valid teacher certificate for this state. (f) Nonpublic schools which employ noncertificated teachers will not be approved by the state, or if approved, will be dropped from the register of approved schools. (g) Unless otherwise provided in this section, fees must be paid at the time of application and are nonrefundable. The fee for (1) initial issuance of a teacher certificate, including all endorsements, is $125, plus the cost of a criminal history background check required under (b)(4) of this section; (2) renewal of a teacher certificate, including all endorsements, is $125, plus the cost of a criminal history background check required under 4 AAC 12.405(b); (3) addition or deletion of an endorsement, other than at the time of initial issuance of the certificate is $125; (4) a certified copy of a teacher certificate is $25; and (5) each nonacademic credit is $50 payable at the time supporting documentation required by 4 AAC 12.410(a) is submitted to the department. (h) An applicant for a certificate shall, on the application, disclose a suspension or revocation of a certificate by this or another state. A teacher who has been issued a certificate by this state shall immediately notify the department of suspension or revocation of a certificate issued by another state. Failure to inform the department of a suspension or revocation as required by this subsection may result in denial or revocation of a certificate. (i) Any misrepresentations or willful omission of information on a certification application may result in denial or revocation of the certificate. (j) The department may deny an application for issuance or renewal of a teacher certificate for any reason that is cause for revocation or suspension under AS 14.20.030. (k) The cost to an applicant for a criminal history background check is the amount charged to the department by the Department of Public Safety as set out in 13 AAC 68.900. (l) In place of the information required of an applicant by (b)(4) of this section, the department will accept the results of a successful criminal history background check of the applicant conducted under 4 AAC 30.020(b) if the applicant submits an application to the department under (b) of this section not later than (1) 60 days after the applicant's last day of student teaching; and (2) 18 months after the date of the department's notification that the applicant passed the criminal history background check conducted under 4 AAC 30.020(b).

32-1606. Powers and duties of board-- A. The board may: 1. Adopt and revise rules necessary to carry into effect the provisions of this chapter. 2. Publish advisory opinions regarding registered and practical nursing practice and nursing education. 3. Issue limited licenses or certificates if it determines that an applicant or licensee cannot function safely in a specific setting or within the full scope of practice. 4. Refer criminal violations of this chapter to the appropriate law enforcement agency. 5. Establish a confidential program for the monitoring of licensees who are chemically dependent and who enroll in rehabilitation programs that meet the criteria established by the board. The board may take further action if the licensee refuses to enter into a stipulated agreement or fails to comply with its terms. In order to protect the public health and safety, the confidentiality requirements of this paragraph do not apply if the licensee does not comply with the stipulated agreement. 6. On the applicant's or regulated party's request, establish a payment schedule with the applicant or regulated party. 7. Provide education regarding board functions. 8. Collect or assist in the collection of workforce data. 9. Adopt rules for conducting pilot programs consistent with public safety for innovative applications in nursing practice, education and regulation. 10. Grant retirement status on request to retired nurses who are or were licensed under this chapter, who have no open complaint or investigation pending against them and who are not subject to discipline. 11. Accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this title. these monies do not revert to the state general fund at the end of the fiscal year. B. The board shall: 1. Adopt rules and establish standards for nursing programs preparing persons for licensing or certification under this chapter, recognize national nursing accrediting agencies and provide for surveys of programs it deems necessary. 2. By rule, establish approval and reapproval processes for nursing and nursing assistant training programs that meet the requirements of this chapter and board rules. 3. Prepare and maintain a list of approved nursing programs for the preparation of registered and practical nurses whose graduates are eligible for licensing under this chapter as registered nurses or as practical nurses if they satisfy the other requirements of this chapter and board rules. 4. Examine qualified registered and practical nurse applicants. 5. License and renew the licenses of qualified registered and practical nurse applicants who are not qualified to be licensed by the executive director. 6. Adopt a seal, which the executive director shall keep. 7. Keep a record of all proceedings. 8. For proper cause, deny or rescind approval of a nursing or nursing assistant training program for failure to comply with this chapter or the rules of the board. 9. Adopt rules for the approval of credential evaluation services that evaluate the qualifications of applicants who graduated from an international nursing program. 10. Determine and administer appropriate disciplinary action against all regulated parties who are found guilty of violating this chapter or rules adopted by the board. 11. Perform functions necessary to carry out the requirements of the nursing assistant training and competency evaluation program as set forth in the omnibus budget reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683). These functions shall include: (a) Testing and certification of nursing assistants. (b) Maintaining a list of board approved training programs. (c) Recertifying nursing assistants. (d) Maintaining a registry of all certified nursing assistants. (e) Assessing fees. 12. Adopt rules establishing those acts that may be performed by a registered nurse practitioner in collaboration with a licensed physician. 13. Adopt rules establishing educational requirements for the certification of school nurses. 14. Publish copies of board rules and distribute these copies on request. 15. Require each applicant for initial licensure to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 16. Require each applicant for initial nursing assistant certification to submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 17. Revoke a license of a person, revoke the multistate licensure privilege of a person pursuant to section 32-1669 or not issue a license or renewal to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions five or more years before the date of filing an application pursuant to this chapter. 18. Establish standards for approving and reapproving nurse practitioner and clinical nurse specialist programs and provide for surveys of nurse practitioner and clinical nurse specialist programs as it deems necessary. 19. Provide the licensing authorities of health care institutions, facilities and homes any information the board receives regarding practices that place a patient's health at risk. 20. Limit the multistate licensure privilege of any person who holds or applies for a license in this state pursuant to section 32-1668. 21. Adopt rules to establish competency standards for obtaining and maintaining a license. 22. Adopt rules for the qualification and certification of clinical nurse specialists. 23. Adopt rules for approval and reapproval of refresher courses for nurses who are not currently practicing. C. The board may conduct an investigation on receipt of information that indicates that a person or regulated party may have violated this chapter or a rule adopted pursuant to this chapter. Following the investigation, the board may take disciplinary action pursuant to this chapter. D. The board may limit, revoke or suspend the privilege of a nurse to practice in this state granted pursuant to section 32-1668. E. Failure to comply with any final order of the board, including an order of censure or probation, is cause for suspension or revocation of a license or a certificate. F. The president or a member of the board designated by the president may administer oaths in transacting the business of the board.

36-411. Residential care institutions; home health agencies; fingerprinting; definitions -- A. Subject to legislative appropriations, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies or contracted persons who provide direct care, home health services or supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days of employment or beginning volunteer work except as provided in subsections F, G and H of this section. B. A health professional who has complied with the fingerprinting requirements of the health professional's regulatory board as a condition of licensure or certification pursuant to title 32 is not required to submit an additional set of fingerprints to the department of public safety pursuant to this section. C. Owners shall make documented, good faith efforts to: 1. Contact previous employers to obtain information or recommendations that may be relevant to a person's fitness to work in a residential care institution, nursing care institution or home health agency. 2. Verify the current status of a person's fingerprint clearance card. D. An employee, an owner or a contracted person or a facility on behalf of the employee, the owner or the contracted person shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins work. E. A residential care institution, nursing care institution or home health agency shall not allow a person or contracted person to continue to provide direct care, home health services or supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval pursuant to this section before May 7, 2001 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55, subsection I. F. Volunteers who provide services to residents under the direct visual supervision of a previously screened owner or employee are exempt from the fingerprint clearance card requirements of this section. G. Notwithstanding the requirements of section 41-1758.02, subsection B, a person who provides direct care, home health services or supportive services for a residential care institution, home health agency or nursing care institution after meeting the fingerprinting and criminal records check requirements of this section is not required to meet the fingerprint and criminal records check requirements of this section again if that person remains employed by the same employer or changes employment within two years after satisfying the requirements of this section. For the purposes of this subsection, If the employer changes through sale, lease or operation of law, a person is deemed to be employed by the same employer if that person remains employed by the new employer. H. Notwithstanding the requirements of section 41-1758.02, subsection B, a person who has received approval pursuant to this section before May 7, 2001 and who remains employed by the same employer is not required to apply for a fingerprint clearance card. I. If a person's employment record contains a six-month or longer time frame where the person was not employed by any employer, a completed application with a new set of fingerprints shall be submitted to the department of public safety. J. For the purposes of this section: 1. "Home health services" has the same meaning prescribed in section 36-151. 2. "Supportive services" has the same meaning prescribed in section 36-151.

36-425.03. Children's behavioral health programs; personnel; fingerprinting; definitions--A. Except as provided in subsections B and C of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection D of this section to the employer and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or, within seven working days after employment or beginning volunteer work, shall apply for a fingerprint clearance card. B. Parents, foster parents and guardians who participate in activities with their children under the supervision of and in the presence of children's behavioral health program personnel are exempt from the fingerprinting requirements of subsection A of this section if the parents are not employees of the children's behavioral health program. C. Applicants and employees who are fingerprinted pursuant to section 15-512 or 15-534 are exempt from the fingerprinting requirements of subsection A of this section. D. Children's behavioral health program personnel shall certify on forms that are provided by the department and notarized that they are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section 41-1758.03, subsection B or C in this state or similar offenses in another state or jurisdiction. E. Forms submitted pursuant to subsection D of this section are confidential. F. Employers of children's behavioral health program personnel shall make documented, good faith efforts to contact previous employers of children's behavioral health program personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a children's behavioral health program. G. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41-1758.03, subsection B is prohibited from working in any capacity in a children's behavioral health program that requires or allows contact with children. H. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41-1758.03, subsection C shall not work in a children's behavioral health program in any capacity that requires or allows the employee to provide direct services to children unless the person has applied for and received the required fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. I. The department of health services shall accept a certification submitted by a United States military base or a federally recognized Indian tribe that either: 1. Personnel who are employed or who will be employed and who provide services directly to children have not been convicted of, have not admitted committing or are not awaiting trial on any offense prescribed in subsection G of this section. 2. Personnel who are employed or who will be employed to provide services directly to children have been convicted of, have admitted committing or are awaiting trial on any offense prescribed in subsection H of this section if the personnel provide these services while under direct visual supervision. J. The employer shall notify the department of public safety if the employer receives credible evidence that a person who possesses a valid fingerprint clearance card either: 1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B. 2. Falsified information on the form required by subsection D of this section. K. For the purposes of this section: 1. "Children's behavioral health program" means a program that provides children's behavioral health services and that is licensed by the department as a behavioral health service agency or that contracts with the department to provide children's behavioral health services. 2. "Children's behavioral health program personnel" means an owner, employee or volunteer who works at a children's behavioral health program.

41-1758.08.Fingerprint clearance card; Use of expired card A. Notwithstanding any other law, an expired fingerprint clearance card may be used to satisfy the fingerprint requirements of section 15-183, 15-503, 15-512, 15-534, 15-782.02, 15-1330 or 15-1881 if the person signs an affidavit stating both of the following: 1. The person submitted a completed application to the division for a new fingerprint clearance card within ninety days before the expiration date on the person's current fingerprint clearance card. 2. The person is not awaiting trial on and has not been convicted of a criminal offense that would make the person ineligible for a fingerprint clearance card. b. This section does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing

46-141. Criminal record information checks; fingerprinting employees and applicants--A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days of employment. B. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract. C. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F and G of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F and G of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card. D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles. E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles unless the person is granted a good cause exception pursuant to section 41-619.55. F. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse. H. Federally recognized Indian tribes or military bases may submit and the department of economic security shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection F of this section. I. A person who applies to the department of economic security for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8-105, 8-509, 8-802 or 41-1968. J. The special services unit of the department of economic security may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that such employee, applicant or contractor is not qualified or suitable. K. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section. L. The department of economic security shall notify the department of public safety if the department of economic security receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section either: 1. Is arrested for or charged with an offense listed in section 41-1758.07, subsection B or C. 2. Falsified information on the form required by subsection F of this section.

Arkansas 3.00., Criminal background check procedures

3.01 The board of directors of a local school district or an education service cooperative shall require, as a condition for initial employment or non-continuous employment as a substitute teacher, that an individual apply to the Identification Bureau of the Arkansas State Police for statewide and national criminal records checks.

3.02 The Identification Bureau of the Arkansas State Police shall forward the information necessary for the processing of the nationwide criminal records check to the Federal Bureau of Investigation for the completion of the criminal records check.

3.03 The applicant shall sign a release of information permitting the completed statewide and nationwide criminal records checks to be submitted to the Arkansas Department of Education.

3.04 Upon completion of the criminal records check, the Identification Bureau of the Arkansas State Police shall forward all releaseable information obtained concerning the applicant to the Department of Education.

3.05 The Department of Education shall promptly inform the board of directors of the local school district or education service cooperative whether or not the applicant is eligible for employment pursuant to Ark. Code Ann. §6-17-414(b).

3.06 No non-licensed applicant shall be eligible for employment as a substitute teacher by a local school district or education service cooperative if the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense listed under Ark. Code Ann. §6-17-414(b) by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court.

3.07 The board of directors of a local school district or education service cooperative may offer provisional employment to a substitute teacher pending receipt of eligibility information from the Department of Education.

3.08 Any information received by the Department of Education from the Identification Bureau of the Arkansas State Police pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file or document shall be removed from the custody of the Department of Education.

3.08.1 Any information made available to the affected applicant for employment shall be information pertaining to that applicant only.

4.00 Background check procedures

4.01 Each applicant for an initial license issued by the SBE and each first-time license renewal applicant will submit the following to the Office of Professional Licensure:

4.01.1 Completed application form including program of studies verification (if applicable)

4.01.2 Official transcripts (must bear college seal)

4.01.3 Satisfactory scores of on the Praxis Series Examinations including:

4.01.3.1 Praxis I

4.01.3.2 PPST/Praxis II

4.01.3.3 Principles of Learning and Teaching

4.01.3.4 Specialty area test

4.01.4 Effective July 1, 1996, no application for issuance of a first-time license will be considered without a criminal background check by the Arkansas State Police and the FBI.

4.01.5 Effective July 1, 1997, no application for issuance of a license renewal will be considered without a criminal background check by the Arkansas State Police and the FBI.

4.01.6 Effective April 10, 1997, no applicant for initial employment as a certified employee shall be hired by a school district without a criminal background check by the Arkansas State Police and FBI.

4.01.7 Effective February 6, 2004, the board of directors of a school district shall require an applicant for initial employment as a fiscal officer to have performed a criminal background check by the Arkansas State Police and the FBI, along with other background checks required by these Rules and/or Arkansas law due to the applicant's noncertified or certified employee status.

4.02 Each applicant shall complete the State Police fingerprint card in the presence of a law enforcement officer, and shall have the law enforcement officer sign the fingerprint card and give his/her jurisdiction, the date and his/her badge number.

4.03 Each applicant must sign a release of information and submit it to the ADE and shall be solely responsible for the payment of any fee associated with the criminal background check to the Arkansas State Police.

4.04 The Department of Education shall be responsible to the Department of Arkansas State Police for the payment of any fee associated with the criminal record check of each applicant as defined in Section 3.06 for his or her first license renewal after July 1, 1997.

4.05 Upon completion of the criminal background check, the Identification Bureau of the Arkansas State Police shall forward all information obtained concerning the applicant in the commission of any offense listed in Ark. Code Ann. §6-17-410 (c) or referenced in Ark. Code Ann.§ 6-17-410 (d)(1)(A)(v) to the Attorney's Office of the ADE.

4.06 The criminal background check conducted by the Arkansas State Police and the FBI shall have been completed no earlier than twelve (12) months prior to the application for an initial license issued by the SBE.

4.07 SBE shall be authorized to issue a six-month, non-renewable letter of provisional eligibility for licensure to a first-time applicant pending the results of the criminal records check. This letter of provisional eligibility for licensure shall be issued only to those applicants who meet all other qualifications for licensure by the SBE, and who have submitted the Arkansas State Police background check showing no violations listed in either Ark. Code Ann. §6-17-410 (c) or referenced in Ark. Code. Ann. §6-17-410(d)(1)(A)(v).

4.08 The Commissioner of the Department of Education shall be authorized to extend the period of provisional eligibility to the end of the contract year if:

4.08.1 the applicant is employed by a local school district; and

4.08.2 Results of the criminal records check are delayed.

4.09 The letter of provisional eligibility will immediately become invalid upon receipt of information obtained from the criminal background check from the Arkansas State Police and the FBI and other eligibility information indicating that the applicant has pleaded guilty or nolo contendere to, or has been found guilty of, any offense listed in Ark. Code Ann. §6-17- 410(c) or referenced in Ark. Code Ann. §6-17-410(d)(1)(A)(v).

4.10 The ADE will not issue a first-time teaching license nor a license renewal until the criminal background check conducted by the Arkansas State Police and the FBI has been completed.

4.11 The ADE shall promptly inform the board of directors of the local school district whether or not the affected employment applicant for a fiscal officer position is eligible for employment.

4.12 In addition to any ineligibility for employment due to the results of criminal background checks required due to the applicant's certified or non-certified employee status, no person shall be eligible for employment as a fiscal officer by a local school district if the results of the criminal records check released to the ADE by the applicant reveals that the applicant has pleaded guilty or nolo contendere to, or has been found guilty of, a fraudulent act, only after an opportunity for a hearing before the SBE upon reasonable notice in writing.

4.13 The board of directors of a local school district is authorized to offer provisional employment to an affected applicant for employment as a fiscal officer pending receipt of eligibility information from the ADE.

6-17-410. Teacher licensure; Application, renewal application, revocation, suspension, and probation (a)(1)(A)(i) An applicant for a license issued by the State Board of Education and an applicant for license renewal shall be required to apply to the Identification Bureau of the Department of Arkansas State Police for a statewide and nationwide criminal records check, to be conducted by the Department of Arkansas State Police and the Federal Bureau of Investigation. (ii) The check shall conform to the applicable federal standards and shall include the taking of fingerprints. (iii) The Identification Bureau of the Department of Arkansas State Police may maintain these fingerprints in the automated fingerprint identification system. (iv) The Federal Bureau of Investigation shall promptly destroy the fingerprint card of the applicant. (B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the criminal records check. (2) Upon completion of the criminal records check, the Identification Bureau of the Department of Arkansas State Police shall forward all releasable information obtained concerning the applicant to the Department of Education. (3)(A) An applicant for a license issued by the State Board of Education and an applicant for license renewal shall be required to request through the Department of Education a Child Maltreatment Central Registry check to be conducted by the Department of Human Services. (B) The applicant shall sign a release of information to the Department of Education and is responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check. (b)(1) The state board may issue a six-month nonrenewable letter of provisional eligibility for licensure pending the results of the criminal records check and the Child Maltreatment Central Registry check. However, the Commissioner of Education may extend the period of provisional eligibility to the end of that contract year if: (A) The applicant is employed by a school district or open-enrollment public charter school; and (B) The results of the criminal records check or the Child Maltreatment Central Registry check are delayed. (2) Upon receipt of information from the Identification Bureau of the Department of Arkansas State Police that the person holding a letter of provisional eligibility for licensure has pleaded guilty or nolo contendere to or has been found guilty of any offense listed in subsection (c) of this section, the state board shall immediately revoke the provisional eligibility. (3) If the Department of Education receives information from the Department of Human Services that the person holding a letter of provisional eligibility for teacher licensure has a true report in the Child Maltreatment Central Registry, the State Board of Education shall immediately revoke the provisional eligibility of the teacher licensure applicant. (c) The state board shall not issue a first-time license nor renew an existing license and shall revoke any existing license not up for renewal of any person who has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Capital murder as prohibited in Section 5-10-101; (2) Murder in the first degree as prohibited in Section 5-10-102 and murder in the second degree as prohibited in Section 5-10-103; (3) Manslaughter as prohibited in Section 5-10-104; (4) Battery in the first degree as prohibited in Section 5-13-201 and battery in the second degree as prohibited in Section 5-13-202; (5) Aggravated assault as prohibited in Section 5-13-204; (6) Terroristic threatening in the first degree as prohibited in Section 5-13-301; (7) Kidnapping as prohibited in Section 5-11-102; (8) Rape as prohibited in Section 5-14-103; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree as prohibited in Sections 5-14-124 — 5-14-127; (10) Incest as prohibited in Section 5-26-202; (11) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, or producing, directing, or promoting a sexual performance by a child as prohibited in Sections 5-27-303, 5-27-305, 5-27-402, and 5-27-403; (12) Distribution to minors as prohibited in Section 5-64-406; (13) Any felony in violation of the Uniform Controlled Substances Act, Section 5-64-101 et seq.; (14) Sexual indecency with a child as prohibited in Section 5-14-110; (15) Endangering the welfare of a minor in the first degree as prohibited in Section 5-27-205; (16) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child as prohibited by Section 5-27-304; (17) False imprisonment in the first degree as prohibited in Section 5-11-103; (18) Permanent detention or restraint as prohibited in Section 5-11-106; (19) Permitting abuse of a child as prohibited in Section 5-27-221(a); (20) Negligent homicide as prohibited by Section 5-10-105(a); (21) Assault in the first degree as prohibited by Section 5-13-205; (22) Coercion as prohibited by Section 5-13-208; (23) Public sexual indecency as prohibited by Section 5-14-111; (24) Indecent exposure as prohibited by Section 5-14-112; (25) Endangering the welfare of a minor in the second degree as prohibited by Section 5-27-206; (26) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in Sections 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection; (27) Computer child pornography as prohibited in Section 5-27-603; (28) Computer exploitation of a child in the first degree as prohibited in Section 5-27-605; (29) Felony theft as prohibited in Sections 5-36-103 -- 5-36-106 and 5-36-202; (30) Robbery as prohibited by Sections 5-12-102 and 5-12-103; (31) Breaking or entering as prohibited by Section 5-39-202; (32) Burglary as prohibited by Section 5-39-201 and aggravated residential burglary as prohibited by Section 5-39-204; (33) Forgery as prohibited by Section 5-37-201; (34) Video voyeurism as prohibited by Section 5-16-101; (35) Domestic battering in the first degree as prohibited by Section 5-26-303; (36) Domestic battering in the second degree as prohibited by Section 5-26-304; (37) Felony violation of an order of protection as prohibited by Section 5-53-134; (38) Prostitution as prohibited by Section 5-70-102; (39) Sexual solicitation as prohibited by Section 5-70-103; (40) Promoting prostitution in the first degree as prohibited by Section 5-70-104; (41) Promoting prostitution in the second degree as prohibited by Section 5-70-105; (42) Stalking as prohibited by Section 5-71-229; (43) Failure to notify by a mandated reporter in the first degree as prohibited by Section 12-18-201; and (44) Any felony not listed in this subsection (c) and involving physical or sexual injury, mistreatment, or abuse against another. (d)(1) For the purposes of this subsection (d): (A) "Cause" means any of the following: (i) Holding a license obtained by fraudulent means; (ii) Revocation of a license in another state; (iii) Intentionally compromising the validity or security of any student test or testing program administered by or required by the state board or the Department of Education; (iv) Having the completed examination test score of any testing program required by the state board for teacher licensure declared invalid by the testing program company and so reported to the Department of Education by the testing company; (v) Having an expunged or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense in subsection (c) of this section; (vi) Failing to establish or maintain the necessary requirements and standards set forth in Arkansas law or state board rules and regulations for teacher licensure; (vii) Knowingly submitting or providing false or misleading information or knowingly failing to submit or provide information requested or required by law to the Department of Education, the state board, or the Division of Legislative Audit; (viii) Knowingly falsifying or directing another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; or (ix) Having a true report in the Child Maltreatment Central Registry; and (B) "Child" means a person under twenty-one (21) years of age or enrolled in the public schools of the State of Arkansas. (2) For cause as stated in this subsection (d), the state board is authorized to: (A) Revoke a license permanently; (B) Suspend a license for a terminable period of time or indefinitely; or (C) Place a person on probationary status for a terminable period of time with the license to be revoked or suspended if the probationary period is not successfully completed. (e)(1) Before taking an action under subsections (c) or (d) of this section, the state board shall provide a written notice of the reason for the action and shall afford the person against whom the action is being considered the opportunity to request a hearing. (2) A written request for a hearing must be received by the state board no more than thirty (30) days after the notice of the denial, nonrenewal, or revocation of the license is received by the person who is the subject of the proposed action. (3) Upon written notice that a revocation, suspension, or probation is being sought by the state board for a cause set forth, a person may: (A) Decline to answer the notice, in which case the state board shall hold a hearing to establish by a preponderance of the evidence that cause for the proposed action exists; (B)(i) Contest the complaint and request a hearing in writing, in which case the person shall be given an evidentiary hearing before the state board if one is requested. (ii) If the person requesting the hearing fails to appear at the hearing, the hearing shall proceed in the manner described in subdivision (e)(3)(A) of this section; (C) Admit the allegations of fact and request a hearing before the state board in mitigation of any penalty that may be assessed; or (D) Stipulate or reach a negotiated agreement, which must be approved by the state board. (f)(1) The revocation provisions of subsection (c) of this section may be waived, or a license may be suspended or placed on probation by the state board upon request by: (A) The board of directors of a school district or open-enrollment public charter school; (B) An affected applicant for licensure; (C) The person holding a license subject to revocation; or(D) An unlicensed individual admitted to a teacher preparation program approved by the department. (2) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the crime or incident was committed; (B) The circumstances surrounding the crime or incident; (C) The length of time since the crime or incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel. (3)(A) An unlicensed individual who is disqualified from licensure by subsection (c) of this section may apply for a waiver prior to applying for licensure by submitting to the department: (i) Written request for a hearing; (ii) Proof of acceptance or enrollment in a teacher preparation program approved by the department; and (iii) Written recommendation from the teacher preparation program. (B) If the state board approves a waiver after a hearing, the individual may obtain a license only upon: (i) Successful completion of the teacher preparation program; and (ii) Fulfillment of all other requirements for licensure. (C) A waiver granted under subdivision (f)(3)(A) of this section shall also operate as a waiver under Section 6-17-414 for an unlicensed individual to work for a school district as a student teacher. (g)(1) The superintendent of each school district or open-enrollment public charter school shall report to the state board the name of any person holding a license issued by the state board and currently employed or employed during the two (2) previous school years by the school district or open-enrollment public charter school who: (A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (c) of this section; (B) Holds a license obtained by fraudulent means; (C) Has had a similar license revoked in another state; (D) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education; (E) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Department of Education, the state board, or the division; (F) Has failed to establish or maintain the necessary requirements and standards set forth in Arkansas law or Department of Education rules for teacher licensure; or (G) Has a true report in the Child Maltreatment Central Registry. (2) Failure of a superintendent to report information as required by this subsection may result in sanctions imposed by the state board. (h)(1) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to subsection (a) of this section shall not be available for examination except by the affected applicant for licensure or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (2) Any information made available to the affected applicant for licensure or the person whose license is subject to revocation shall be information pertaining to that applicant only. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (i) The state board shall adopt the necessary rules to fully implement the provisions of this section. [Sec. 6-17-410, as amended by Act 455 (S. 457), L. 2013].

6-17-411. Criminal Records Check as a Condition for Initial Employment of Licensed Personnel.-- (a)(1)(A) Except as provided in subdivision (a)(1)(B) of this section, the board of directors of a local school district shall require as a condition for initial employment by the school district that any person holding a license issued by the State Board of Education and making application for employment authorize release to the Department of Education the results of: (i) Statewide and nationwide criminal records checks by the Identification Bureau of the Department of Arkansas State Police, which conform to the applicable federal standards and include the taking of the applicant's fingerprints; and (ii) The Child Maltreatment Central Registry check by the Department of Human Services. (B)(i) The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivision (a)(1)(A) of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had a complete criminal background check conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Unless the employing school district's board of directors has taken action to pay for the cost of criminal background checks or the Child Maltreatment Central Registry checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check and the Child Maltreatment Central Registry check. (3) At the conclusion of the criminal records check required by this section, the Identification Bureau of the Department of Arkansas State Police may maintain the fingerprints in the automated fingerprint identification system. (4)(A) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (B) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (5) The Department of Education shall promptly inform the board of directors of the local school district whether or not the affected applicant is eligible for employment as provided by subsection (b) of this section. (b)(1)(A) No person holding a license from the state board shall be eligible for employment by a local school district if the results of the criminal records check released to the Department of Education by the applicant reveal that the applicant has pleaded guilty or nolo contendere to or has been found guilty of any offense that will or may result in license revocation by the state board under § 6-17-410. (B) No person holding a license issued by the state board shall be eligible for employment by a local school district if the results of the Child Maltreatment Central Registry check released to the Department of Education reveal that the applicant has a true report in the Child Maltreatment Central Registry. (2) However, the board of directors of a local school district is authorized to offer provisional employment to the affected applicant pending receipt of eligibility information from the Department of Education.

Sec. 6-17-421.Criminal records check for fraudulent acts (a) For purposes of this section: (1) "Applicant" means an individual who is applying for initial employment as a fiscal officer of an educational entity; (2) "Educational entity" means: (A) A school district;(B) An open-enrollment public charter school; or (C) An education service cooperative; (3) "Fiscal officer" means any licensed or nonlicensed employee of an educational entity who has any right, duty, or responsibility to access funds of an educational entity in excess of five thousand dollars ($5,000), specifically including without limitation superintendents, fiscal officers, and bookkeepers; and (4) "Fraudulent act" means an act: (A) Performed willfully and with the specific intent to deceive or cheat for the purpose of either causing some financial loss to another or bringing about some financial gain to the actor; and (B) For which the actor has pleaded guilty or nolo contendere to or has been found guilty by any court in this state, by a court in another state, or by a federal court. (b)(1)(A) Upon making application for employment in a position as a fiscal officer of an educational entity, the board of directors of the educational entity shall require the employment applicant to authorize release to the Department of Education the results of statewide and nationwide criminal records checks by the Identification Bureau of the Arkansas State Police. (B) Unless the employing educational entity's board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records check. (2)(A) The criminal background check shall conform to the applicable federal standards and include the taking of the employment applicant's or currently employed fiscal officer's fingerprints. (B) At the conclusion of the criminal records check required by this section, the Identification Bureau of the Department of Arkansas State Police may maintain the fingerprints in the automated fingerprint identification system. (3)(A) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (B) Any information made available to the affected employment applicant or fiscal officer shall be information pertaining to that applicant only. (C) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than the background check. (4) The Department of Education shall promptly inform the board of directors of the educational entity whether or not the affected employment applicant is eligible for employment as provided in this subsection. (c)(1) No person shall be eligible for employment as a fiscal officer by an educational entity if the results of the criminal records check released to the Department of Education by the applicant reveals that the applicant has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act but only after an opportunity for a hearing before the State Board of Education upon reasonable notice in writing. (2) However, the board of directors of an educational entity is authorized to offer provisional employment to the affected applicant pending receipt of eligibility information from the Department of Education. (d)(1) The superintendent or director of an educational entity shall report to the state board the name of any fiscal officer who is currently employed or was employed during the two (2) previous school years by the educational entity who has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act. (2) A superintendent or director who knowingly fails to report information as required by this subsection may be subject to sanctions imposed by the state board. (e) A prosecuting attorney who prosecutes a person who he or she knows is an educational entity employee in a case in which the employee has pleaded guilty or nolo contendere to or has been found guilty of a fraudulent act shall report the name of the employee and the nature of the crime to the educational entity in which the person is employed and to the state board. (f) An educational entity shall dismiss from employment a fiscal officer who pleads guilty or nolo contendere to or has been found guilty of a fraudulent act but only after the fiscal officer has an opportunity for a hearing before the state board upon reasonable notice in writing. (g)(1) The state board shall be entitled to consider: (A) The age of the fiscal officer at the time the criminal act occurred; (B) The length of time since the conviction; (C) Whether the fiscal officer has pleaded guilty or nolo contendere to or has been found guilty of any other criminal violation since the original conviction; (D) Whether the original conviction was expunged or pardoned; and (E) Any other relevant facts. (2) The state board after conducting a hearing and issuing a decision in writing may determine not to prevent the employment or not to require the termination of employment of the fiscal officer as required in subsections (c) and (f) of this section.

6-17-416. Criminal Records Check and Child Maltreatment Central Registry -- Check of Employees of More Than One School District. Employees, whether new or existing, who have a contract with or work for more than one (1) school district in one (1) year shall be required to have only one (1) criminal background check and one (1) Child Maltreatment Central Registry check to satisfy the requirements of all employing school districts for that year.

6-17-414. Criminal Records Check as a Condition for Initial Employment of Nonlicensed Personnel.-- (a)(1)(A)(i) Except as provided in subdivision (a)(1)(C) of this section, the board of directors of a local school district or an education service cooperative shall require as a condition for initial employment or noncontinuous reemployment in a nonlicensed staff position any person making application to apply to the Identification Bureau of the Department of Arkansas State Police for statewide and nationwide criminal records checks, the latter to be conducted by the Federal Bureau of Investigation. (ii) The checks shall conform to the applicable federal standards and shall include the taking of fingerprints. (iii) The Identification Bureau of the Department of Arkansas State Police may maintain these fingerprints in the automated fingerprint identification system. (iv) The Federal Bureau of Investigation shall promptly destroy the fingerprint card of the applicant. (B) The person shall sign a release of information to the Department of Education. Unless the employing school district board of directors has taken action to pay for the cost of criminal background checks required by this section, the employment applicant shall be responsible for the payment of any fee associated with the criminal records checks. (C)(i) The board of directors of a local school district created by consolidation, annexation, or detachment may waive the requirements under subdivisions (a)(1)(A) and (B) of this section for personnel who were employed by the affected district immediately prior to the annexation, consolidation, or detachment and who had complete criminal background checks conducted as a condition of the person's most recent employment with the affected district as required under this section. (ii) As used in this section, "affected district" means a school district that loses territory or students as a result of annexation, consolidation, or detachment. (2) Upon completion of the criminal records check, the Identification Bureau of the Department of Arkansas State Police shall forward all releasable information obtained concerning the person to the Department of Education, which shall promptly inform the board of directors of the local school district or education service cooperative whether or not the applicant is eligible for employment as provided by subsection (b) of this section. (3)(A) A school district board of directors or an education service cooperative shall require as a condition for initial employment or noncontinuous reemployment of all nonlicensed personnel a Child Maltreatment Central Registry check by the Department of Human Services. (B) The applicant shall sign a release of information to the Department of Education and shall be responsible for the payment of any fee associated with the Child Maltreatment Central Registry check. (C) The Department of Human Services shall forward all releasable information concerning the applicant to the Department of Education upon completion of the Child Maltreatment Central Registry check. (b) No person, including without limitation nonlicensed persons who provide services as a substitute teacher, shall be eligible for employment, whether initial employment, reemployment, or continued employment, by a local school district or education service cooperative in a nonlicensed staff position if that person has a true report in the Child Maltreatment Central Registry or has pled guilty or nolo contendere to or has been found guilty of any of the following offenses by any court in the State of Arkansas or of any similar offense by a court in another state or of any similar offense by a federal court: (1) Capital murder as prohibited in § 5-10-101; (2) Murder in the first degree as prohibited in § 5-10-102 and murder in the second degree as prohibited in § 5-10-103; (3) Manslaughter as prohibited in § 5-10-104; (4) Battery in the first degree as prohibited in § 5-13-201 and battery in the second degree as prohibited in § 5-13-202; (5) Aggravated assault as prohibited in § 5-13-204; (6) Terroristic threatening in the first degree as prohibited in § 5-13-301; (7) Kidnapping as prohibited in § 5-11-102; (8) Rape as prohibited in § 5-14-103; (9) Sexual assault in the first degree, second degree, third degree, and fourth degree, as prohibited in §§ 5-14-124 — 5-14-127; (10) Incest as prohibited in § 5-26-202; (11) Engaging children in sexually explicit conduct for use in visual or print media, transportation of minors for prohibited sexual conduct, employing or consenting to the use of a child in a sexual performance, or producing, directing, or promoting a sexual performance by a child as prohibited in §§ 5-27-303, 5-27-305, 5-27-402, and 5-27-403; (12) Distribution to minors as prohibited in § 5-64-406; (13) Any felony in violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.; (14) Criminal attempt, criminal solicitation, or criminal conspiracy as prohibited in §§ 5-3-201, 5-3-202, 5-3-301, and 5-3-401, to commit any of the offenses listed in this subsection (b); (15) Sexual indecency with a child as prohibited in § 5-14-110; (16) Endangering the welfare of a minor in the first degree asprohibited in § 5-27-205; (17) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child as prohibited by § 5-27-304; (18) False imprisonment in the first degree as prohibited in § 5-11-103; (19) Permanent detention or restraint as prohibited in § 5-11-106; (20) Permitting abuse of a child as prohibited in § 5-27-221(a); (21) Negligent homicide as prohibited by § 5-10-105(a); (22) Assault in the first degree as prohibited by § 5-13-205; (23) Coercion as prohibited by § 5-13-208; (24) Public sexual indecency as prohibited by § 5-14-111; (25) Indecent exposure as prohibited by § 5-14-112; (26) Endangering the welfare of a minor in the second degree as prohibited by § 5-27-206; (27) Computer child pornography as prohibited in § 5-27-603; (28) Computer exploitation of a child in the first degree as prohibited in § 5-27-605; (29) Felony theft as prohibited in §§ 5-36-103 — 5-36-106 and 5-36-203; (30) Robbery as prohibited by §§ 5-12-102 and 5-12-103; (31) Breaking or entering as prohibited by § 5-39-202; (32) Burglary as prohibited by § 5-39-201 and aggravated residential burglary as prohibited by § 5-39-204; (33) Forgery as prohibited by § 5-37-201; and (34) Any felony not listed in this subsection (b) and involving physical or sexual injury, mistreatment, or abuse against another. (c) However, the board of directors of a local school district or education service cooperative is authorized to offer provisional employment to an applicant pending receipt of eligibility information from the Department of Education. (d)(1) Any information received by the Department of Education from the Identification Bureau of the Department of Arkansas State Police or the Department of Human Services pursuant to this section shall not be available for examination except by the affected applicant for employment or his or her duly authorized representative, and no record, file, or document shall be removed from the custody of the Department of Education. (2) Any information made available to the affected applicant for employment shall be information pertaining to that applicant only. (3) Rights of privilege and confidentiality established under this section shall not extend to any document created for purposes other than this background check. (e) The State Board of Education shall determine that an applicant for employment with a school district in a nonlicensed staff position is ineligible for employment if the applicant: (1) Is required to pass an examination as a requirement of his or her position and the applicant's completed examination test score was declared invalid because of the applicant's improper conduct; (2) Has an expunged or a pardoned conviction for any sexual or physical abuse offense committed against a child or any offense listed in subsection (b) of this section; (3) Knowingly submits or provides false or misleading information or knowingly fails to submit or provide information requested or required by law to the Department of Education, the state board, or the Division of Legislative Audit; (4) Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period; or (5) Has a true report in the Child Maltreatment Central Registry. (f)(1) The superintendent of each school district shall report to the state board the name of any person currently employed by the local school district who: (A) Has pleaded guilty or nolo contendere to or has been found guilty of a felony or any misdemeanor listed in subsection (b) of this section; (B) Has intentionally compromised the validity or security of any student test or testing program administered or required by the Department of Education; (C) Has knowingly submitted falsified information or failed to submit information requested or required by law to the Department of Education, the state board, or the division; or (D) Has a true report in the Child Maltreatment Central Registry. (2) The failure of a superintendent to report information as required by this subsection (f) may result in sanctions imposed by the state board. (g)(1) If an applicant for employment with a school district has been determined ineligible for employment because the applicant has a true report in the Child Maltreatment Central Registry, the local school board of directors shall provide a written notice to the applicant and shall afford the applicant the opportunity to request a waiver. (2) The waiver shall be requested no more than thirty (30) days after receipt of the notice of the denial of employment. (3) The waiver may be requested by: (A) The hiring official; (B) The affected applicant; or (C) The person subject to dismissal. (4) Circumstances for which a waiver may be granted shall include without limitation the following: (A) The age at which the incident was committed; (B) The circumstances surrounding the incident; (C) The length of time since the incident; (D) Subsequent work history; (E) Employment references; (F) Character references; and (G) Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.

Sec. 12-12-1603.Terms defined As used in this subchapter: (1) "Children" means individuals under sixteen (16) years of age; (2) "Conviction" means that a person has been found guilty of or has pleaded guilty or nolo contendre to any offense by any court in the State of Arkansas or of any similar offense by a court in another state or a federal court, regardless of whether the conviction has been sealed or expunged; (3) "Criminal history information" means a record compiled by the Arkansas Crime Information Center or the Identification Bureau of the Department of Arkansas State Police on an individual; (4) "Domestic abuse" means the same as defined in Section 9-4-102; (5) "Elderly" means individuals age sixty-five (65) or older; (6) "Employee" means an individual currently in the service of an employer for full-time or part-time compensation, and employed by contract or at will, in which the employer has the authority to control the person in the material details of how work shall be performed and when compensation shall be provided; (7) "Persons with disabilities" means mentally ill or developmentally disabled persons with physically or mental impairments that substantially limit one (1) or more of the major life activities of the individual; (8) "Volunteer" means an individual who provides services involving contact with children, the elderly, or persons with disabilities without an express or implied promise of compensation; and (9) "Volunteer organization" means an individual, group of individuals, association, partnership, corporation, limited liability company or partnership, business, public school, school district, person or organization designated by a public school or school district to organize volunteers for the public school or school district, or other entity that has volunteers who provide services to children, the elderly, victims of domestic abuse, or individuals with disabilities.

432.9. (a) A state or local agency shall not ask an applicant for employment to disclose, through any written form or verbally, information concerning the criminal history of the applicant or include any inquiry about criminal history on any initial employment application. A state or local agency may inquire into or consider an applicant's criminal history after the applicant's qualifications have been screened and the agency has determined the applicant meets the minimum employment requirements, as stated in any notice issued for the position. (b) This section shall not apply to a position for which a state or local agency is otherwise required by law to conduct a criminal history background check, to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity. (c) This section shall not be construed to prevent a state or local agency from conducting a criminal history background check after complying with all of the provisions of subdivision (a). (d) As used in this section, "state agency" means any state office, officer, department, division, bureau, board, commission, or agency. (e) As used in this section, "local agency" means any county, city, city and county, including a charter city or county, or any special district. (f) Section 433 does not apply to this section. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

33190 Educ.-- Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall between the first and 15th day of October of each year, commencing on October 1, 1967, file with the Superintendent of Public Instruction an affidavit or statement, under penalty of perjury, by the owner or other head setting forth the following information for the current year: (a) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business. (b) The address, including city and street, of every place of doing business of the person, firm, association, partnership, or corporation within the State of California. (c) The address, including city and street, of the location of the records of the person, firm, association, partnership, or corporation, and the name and address, including city and street, of the custodian of such records. (d) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation. (e) The school enrollment, by grades, number of teachers, coeducational or enrollment limited to boys or girls and boarding facilities. (f) That the following records are maintained at the address stated, and are true and accurate: (1) The records required to be kept by Section 48222. (2) The courses of study offered by the institution. (3) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each. (g) Criminal record summary information has been obtained pursuant to Section 44237. Whenever two or more private schools are under the effective control or supervision of a single administrative unit, such administrative unit may comply with the provisions of this section on behalf of each of the schools under its control or supervision by submitting one report. Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the Superintendent of Public Instruction, the State Board of Education, the State Department of Education, or any division or bureau of the department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact. The Superintendent of Public Instruction shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator.

44830.1 Educ.--(a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee's second probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c)(1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (2) For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction. (3) For purposes of this section, the term "school district" has the same meaning as defined in Section 41302.5 (d) When the governing board of any school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the person's fingerprints together with a personal description and the fee shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice. (e) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. (f) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (g) Notwithstanding subdivision (f) a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (h) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employee's second probationary year, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (i) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (j) Notwithstanding Section 47610, this section applies to a charter school. (k) This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met: (1) The employee's original application for credential was accompanied by that person's fingerprints. (2) The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals. (l) Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k). (m) This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997. (n) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708 inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.

45125.5 Educ.-- A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective noncertificated employee in order to ascertain whether the prospective noncertificated employee has a criminal record. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency. For purposes of this section, "prospective noncertificated employee" includes only those applicants whom the requesting school district intends to hire, at the time the automated records check is requested.

33192 Educ.-- (a) Except as provided in subdivisions (b) and (e), if the employees of any entity that has a contract with a private school to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application: (1) School and classroom janitorial. (2) Schoolsite administrative. (3) Schoolsite grounds and landscape maintenance. (4) Pupil transportation. (5) Schoolsite food-related. (b) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a private school in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (c) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a private school when the private school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a private school has made this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. (d) A private school may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 33193 and the entity's employees to comply with the requirements of this section, unless the private school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a private school makes this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a private school requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e). (e)(1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the department shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the department shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer. (2) The Department of Justice, at its discretion, may notify the private school in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1. (3) The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (f) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court having jurisdiction where he or she is resident. (g) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the private school that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1. (h) An entity having a contract as specified in subdivision (a) on the effective date of the act adding this section and an entity required to comply with this section pursuant to subdivision (d) by a private school with which it has a contract on the effective date of the act adding this section shall complete the requirements of this section within 90 days of that date. (i) For purposes of this section, "private school" means a person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level. (j) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may request electronic submission of the fingerprint cards and other information required by this section.

44332.5 Educ.-- (a) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. (b) During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has: (1) Made full disclosure of all facts necessary to establish his or her true identity. (2) Made a statement under penalty of perjury that he or she has not been convicted of a crime which would constitute grounds for the denial of the credential, permit, or certificate applied for. An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant's fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential. (3) Paid to the Commission on Teacher Credentialing the amount of twelve dollars ($12) or the fees or costs which have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates which were applied for or issued after October 1, 1981. (c) Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance.

87013 Educ.-- Whenever a community college district employs a person in an academic position and that person has not previously been employed by a school or community college district in this state, the governing board may, within 10 working days of the person's date of employment, require the individual to have duplicate personal identification cards upon which shall appear the legible fingerprints and a personal description of the employee prepared by a local law enforcement agency having jurisdiction in the area of the district. The law enforcement agency shall transmit the cards, together with the fee hereinafter specified, to the Department of Justice. At the earliest opportunity following its receipt of the identification cards, the Department of Justice shall furnish the law enforcement agency submitting the employee's fingerprints a complete criminal history of the individual if one appears in the department's files. The local law enforcement agency shall, in turn, excerpt from the history all information regarding any convictions of the employee and shall forward that information to the governing board of the district. A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury or forfeiture of bail is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The governing board may provide the means whereby the identification cards may be completed and may charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice, with two copies of applicant's or employee's fingerprint cards. The governing board may collect an additional fee not to exceed two dollars ($2) payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in this section, furnish, upon application of a local public law enforcement agency all information pertaining to any person required to submit personal identification cards pursuant to this section if there is a record of the person in its office.

44830.2 Educ.-- (a) For situations in which a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position requiring certification qualifications in multiple school districts within a county or within contiguous counties, the districts may agree among themselves to designate a single district, or a county superintendent may agree to act on behalf of participating districts within the county or contiguous counties, for the purposes of performing the following functions: (1) Sending fingerprints to the Department of Justice. (2) Receiving reports of convictions of serious and violent felonies. (3) Reviewing criminal history records and reports of subsequent arrests from the Department of Justice. (4) Maintaining common lists of persons eligible for employment. (b) The school district or county superintendent serving in the capacity authorized in subdivision (a) shall be considered the employer for purposes of subdivisions (a), (d), and (g) of Section 44830.1 (c) Upon receipt from the Department of Justice of a report of conviction of a serious or violent felony, the designated school district or county superintendent shall communicate that fact to the participating districts and remove the affected employee from the common list of persons eligible for employment. (d) Upon receipt from the Department of Justice of a criminal history record or report of subsequent arrest for any person on a common list of persons eligible for employment, the designated school district or county superintendent shall give notice to the superintendent of any participating district or a person designated in writing by that superintendent, that the report is available for inspection on a confidential basis by the superintendent or authorized designee, at the office of the designated school district or county superintendent, for a period of 30 days following receipt of notice, to enable the employing school district to determine whether the employee meets that district's criteria for continued employment. The designated school district or county superintendent shall not release a copy of that information to any participating district or any other person, shall retain or dispose of the information in the manner required by law after all participating districts have had an opportunity to inspect it in accordance with this section, and shall maintain a record of all persons to whom the information has been shown that shall be available to the Department of Justice to monitor compliance with the requirements of confidentiality contained in this section. (e) Any agency processing Department of Justice responses pursuant to this section shall submit an interagency agreement to the Department of Justice to establish authorization to submit and receive information pursuant to this section. (f) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.

1786.16. (a) Any person described in subdivision (d) of Section 1786.12 shall not procure or cause to be prepared an investigative consumer report unless the following applicable conditions are met: (1) If an investigative consumer report is sought in connection with the underwriting of insurance, it shall be clearly and accurately disclosed in writing at the time the application form, medical form, binder, or similar document is signed by the consumer that an investigative consumer report regarding the consumer's character, general reputation, personal characteristics, and mode of living may be made. If no signed application form, medical form, binder, or similar document is involved in the underwriting transaction, the disclosure shall be made to the consumer in writing and mailed or otherwise delivered to the consumer not later than three days after the report was first requested. The disclosure shall include the name and address of any investigative consumer reporting agency conducting an investigation, plus the nature and scope of the investigation requested, and a summary of the provisions of Section 1786.22. (2) If, at any time, an investigative consumer report is sought for employment purposes other than suspicion of wrongdoing or misconduct by the subject of the investigation, the person seeking the investigative consumer report may procure the report, or cause the report to be made, only if all of the following apply: (A) The person procuring or causing the report to be made has a permissible purpose, as defined in Section 1786.12. (B) The person procuring or causing the report to be made provides a clear and conspicuous disclosure in writing to the consumer at any time before the report is procured or caused to be made in a document that consists solely of the disclosure, that: (i) An investigative consumer report may be obtained. (ii) The permissible purpose of the report is identified. (iii) The disclosure may include information on the consumer's character, general reputation, personal characteristics, and mode of living. (iv) Identifies the name, address, and telephone number of the investigative consumer reporting agency conducting the investigation. (v) Notifies the consumer in writing of the nature and scope of the investigation requested, including a summary of the provisions of Section 1786.22. (vi) Notifies the consumer of the Internet Web site address of the investigative consumer reporting agency identified in clause (iv), or, if the agency has no Internet Web site address, the telephone number of the agency, where the consumer may find information about the investigative reporting agency's privacy practices, including whether the consumer's personal information will be sent outside the United States or its territories and information that complies with subdivision (d) of Section 1786.20. This clause shall become operative on January 1, 2012. (C) The consumer has authorized in writing the procurement of the report. (3) If an investigative consumer report is sought in connection with the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940, the person procuring or causing the request to be made shall, not later than three days after the date on which the report was first requested, notify the consumer in writing that an investigative consumer report will be made regarding the consumer's character, general reputation, personal characteristics, and mode of living. The notification shall also include the name and address of the investigative consumer reporting agency that will prepare the report and a summary of the provisions of Section 1786.22. (4) The person procuring or causing the request to be made shall certify to the investigative consumer reporting agency that the person has made the applicable disclosures to the consumer required by this subdivision and that the person will comply with subdivision (b). (5) The person procuring the report or causing it to be prepared agrees to provide a copy of the report to the subject of the investigation, as provided in subdivision (b). (b) Any person described in subdivision (d) of Section 1786.12 who requests an investigative consumer report, in accordance with subdivision (a) regarding that consumer, shall do the following: (1) Provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any report that is prepared. If the consumer wishes to receive a copy of the report, the recipient of the report shall send a copy of the report to the consumer within three business days of the date that the report is provided to the recipient, who may contract with any other entity to send a copy to the consumer. The notice to request the report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the report shall contain the name, address, and telephone number of the person who issued the report and how to contact them. (2) Comply with Section 1786.40, if the taking of adverse action is a consideration. (c) Subdivisions (a) and (b) do not apply to an investigative consumer report procured or caused to be prepared by an employer, if the report is sought for employment purposes due to suspicion held by an employer of wrongdoing or misconduct by the subject of the investigation. (d) Those persons described in subdivision (d) of Section 1786.12 constitute the sole and exclusive class of persons who may cause an investigative consumer report to be prepared. SEC. 2.

1786.20. (a) An investigative consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1786.18 and to limit furnishing of investigative consumer reports for the purposes listed under Section 1786.12. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and that the information will be used for no other purposes, and make the certifications described in paragraph (4) of subdivision (a) of Section 1786.16. From the effective date of this title, the investigative consumer reporting agency shall keep a record of the purposes for which information is sought, as stated by the user. The investigative consumer reporting agency may assume that the purpose for which a user seeks information remains the same as that which a user has previously stated. The investigative consumer reporting agency shall inform the user that the user is obligated to notify the agency of any change in the purpose for which information will be used. An investigative consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user any investigative consumer reports. An investigative consumer reporting agency may not furnish an investigative consumer report to a person unless it has a written agreement that the investigative consumer reports will be used by that person only for purposes listed in Section 1786.12. (b) Whenever an investigative consumer reporting agency prepares an investigative consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. An investigative consumer reporting agency shall retain the investigative consumer report for two years after the report is provided. (c) An investigative consumer reporting agency may not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate applicable federal or state equal employment opportunity law or regulation. (d) (1) An investigative consumer reporting agency doing business in this state shall conspicuously post, as defined in subdivision (b) of Section 22577 of the Business and Professions Code, on its primary Internet Web site information describing its privacy practices with respect to its preparation and processing of investigative consumer reports. If the investigative consumer reporting agency does not have an Internet Web site, it shall, upon request, mail a written copy of the privacy statement to consumers. The privacy statement shall conspicuously include, but not be limited to, both of the following: (A) A statement entitled "Personal Information Disclosure: United States or Overseas," that indicates whether the personal information will be transferred to third parties outside the United States or its territories. (B) A separate section that includes the name, mailing address, e-mail address, and telephone number of the investigative consumer reporting agency representatives who can assist a consumer with additional information regarding the investigative consumer reporting agency's privacy practices or policies in the event of a compromise of his or her information. (2) For purposes of this subdivision, "third party" shall include, but not be limited to, a contractor, foreign affiliate, wholly owned entity, or an employee of the investigative consumer reporting agency. (e) An investigative consumer reporting agency shall be liable to a consumer who is the subject of a report if the consumer is harmed by any unauthorized access of the consumer's personally identifiable information, act, or omission that occurs outside the United States or its territories as a result of the investigative consumer reporting agency negligently preparing or processing an investigative consumer report, or portion thereof, outside of the United States or its territories. Liability shall be in an amount equal to the sum of (1) any actual damages sustained by the consumer as a result of the unauthorized access, and (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees, as determined by the court.

1024.5. (a) An employer shall not use a consumer credit report for employment purposes unless the following criteria are satisfied: (1) The information contained in the report is substantially job-related, meaning that the position of the person for whom the report is sought has access to money, other assets, or confidential information. (2) The position of the person for whom the report is sought is any of the following: (A) A managerial position. (B) A position in the state Department of Justice. (C) That of a sworn peace officer or other law enforcement position. (D) A position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer. (b) This section does not apply to a person or business subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state and federal statutes or regulations implementing those sections if the person or business is subject to compliance oversight by a state or federal regulatory agency with respect to those laws.

11105. (a) (1) The Department of Justice shall maintain state summary criminal history information. (2) As used in this section: (A) "State summary criminal history information" means the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, and similar data about the person. (B) "State summary criminal history information" does not refer to records and data compiled by criminal justice agencies other than the Attorney General, nor does it refer to records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice. (b) The Attorney General shall furnish state summary criminal history information to any of the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) The courts of the state. (2) Peace officers of the state, as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31. (3) District attorneys of the state. (4) Prosecuting city attorneys of any city within the state. (5) City attorneys pursuing civil gang injunctions pursuant to Section 186.22a, or drug abatement actions pursuant to Section 3479 or 3480 of the Civil Code, or Section 11571 of the Health and Safety Code. (6) Probation officers of the state. (7) Parole officers of the state. (8) A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08. (9) A public defender or attorney of record when representing a person in a criminal case, or a parole, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or post-release community supervision revocation or revocation extension proceeding, and if authorized access by statutory or decisional law. (10) Any agency, officer, or official of the state if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The agency, officer, or official of the state authorized by this paragraph to receive state summary criminal history information may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. (11) Any city or county, city and county, district, or any officer or official thereof if access is needed in order to assist that agency, officer, or official in fulfilling employment, certification, or licensing duties, and if the access is specifically authorized by the city council, board of supervisors, or governing board of the city, county, or district if the criminal history information is required to implement a statute, ordinance, or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. The city or county, city and county, district, or the officer or official thereof authorized by this paragraph may also transmit fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. (12) The subject of the state summary criminal history information under procedures established under Article 5 (commencing with Section 11120). (13) Any person or entity when access is expressly authorized by statute if the criminal history information is required to implement a statute or regulation that expressly refers to specific criminal conduct applicable to the subject person of the state summary criminal history information, and contains requirements or exclusions, or both, expressly based upon that specified criminal conduct. (14) Health officers of a city, county, city and county, or district when in the performance of their official duties enforcing Section 120175 of the Health and Safety Code. (15) Any managing or supervising correctional officer of a county jail or other county correctional facility. (16) Any humane society, or society for the prevention of cruelty to animals, for the specific purpose of complying with Section 14502 of the Corporations Code for the appointment of humane officers. (17) Local child support agencies established by Section 17304 of the Family Code. When a local child support agency closes a support enforcement case containing summary criminal history information, the agency shall delete or purge from the file and destroy any documents or information concerning or arising from offenses for or of which the parent has been arrested, charged, or convicted, other than for offenses related to the parent's having failed to provide support for minor children, consistent with the requirements of Section 17531 of the Family Code. (18) County child welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to Section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code. Information from criminal history records provided pursuant to this subdivision shall not be used for any purposes other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code. When an agency obtains records obtained both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. (19) The court of a tribe, or court of a consortium of tribes, that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code. This information may be used only for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. Article 6 (commencing with Section 11140) shall apply to officers, members, and employees of a tribal court receiving criminal record offender information pursuant to this section. (20) Child welfare agency personnel of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code and to whom the state has delegated duties under paragraph (2) of subdivision (a) of Section 272 of the Welfare and Institutions Code. The purposes for use of the information shall be for the purposes specified in Section 16504.5 of the Welfare and Institutions Code and for tribal approval or tribal licensing of foster care or adoptive homes. When an agency obtains records on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check. Article 6 (commencing with Section 11140) shall apply to child welfare agency personnel receiving criminal record offender information pursuant to this section. (21) An officer providing conservatorship investigations pursuant to Sections 5351, 5354, and 5356 of the Welfare and Institutions Code. (22) A court investigator providing investigations or reviews in conservatorships pursuant to Section 1826, 1850, 1851, or 2250.6 of the Probate Code. (23) A person authorized to conduct a guardianship investigation pursuant to Section 1513 of the Probate Code. (24) A humane officer pursuant to Section 14502 of the Corporations Code for the purposes of performing his or her duties. (c) The Attorney General may furnish state summary criminal history information and, when specifically authorized by this subdivision, federal level criminal history information upon a showing of a compelling need to any of the following, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity in fulfilling employment, certification, or licensing duties, Chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply: (1) Any public utility, as defined in Section 216 of the Public Utilities Code, that operates a nuclear energy facility when access is needed in order to assist in employing persons to work at the facility, provided that, if the Attorney General supplies the data, he or she shall furnish a copy of the data to the person to whom the data relates. (2) To a peace officer of the state other than those included in subdivision (b). (3) To an illegal dumping enforcement officer as defined in subdivision (j) of Section 830.7. (4) To a peace officer of another country. (5) To public officers, other than peace officers, of the United States, other states, or possessions or territories of the United States, provided that access to records similar to state summary criminal history information is expressly authorized by a statute of the United States, other states, or possessions or territories of the United States if the information is needed for the performance of their official duties. (6) To any person when disclosure is requested by a probation, parole, or peace officer with the consent of the subject of the state summary criminal history information and for purposes of furthering the rehabilitation of the subject. (7) The courts of the United States, other states, or territories or possessions of the United States. (8) Peace officers of the United States, other states, or territories or possessions of the United States. (9) To any individual who is the subject of the record requested if needed in conjunction with an application to enter the United States or any foreign nation. (10) (A) (i) Any public utility, as defined in Section 216 of the Public Utilities Code, or any cable corporation as defined in subparagraph (B), if receipt of criminal history information is needed in order to assist in employing current or prospective employees, contract employees, or subcontract employees who, in the course of their employment may be seeking entrance to private residences or adjacent grounds. The information provided shall be limited to the record of convictions and any arrest for which the person is released on bail or on his or her own recognizance pending trial. (ii) If the Attorney General supplies the data pursuant to this paragraph, the Attorney General shall furnish a copy of the data to the current or prospective employee to whom the data relates. (iii) Any information obtained from the state summary criminal history is confidential and the receiving public utility or cable corporation shall not disclose its contents, other than for the purpose for which it was acquired. The state summary criminal history information in the possession of the public utility or cable corporation and all copies made from it shall be destroyed not more than 30 days after employment or promotion or transfer is denied or granted, except for those cases where a current or prospective employee is out on bail or on his or her own recognizance pending trial, in which case the state summary criminal history information and all copies shall be destroyed not more than 30 days after the case is resolved. (iv) A violation of this paragraph is a misdemeanor, and shall give the current or prospective employee who is injured by the violation a cause of action against the public utility or cable corporation to recover damages proximately caused by the violations. Any public utility's or cable corporation's request for state summary criminal history information for purposes of employing current or prospective employees who may be seeking entrance to private residences or adjacent grounds in the course of their employment shall be deemed a "compelling need" as required to be shown in this subdivision. (v) Nothing in this section shall be construed as imposing any duty upon public utilities or cable corporations to request state summary criminal history information on any current or prospective employees. (B) For purposes of this paragraph, "cable corporation" means any corporation or firm that transmits or provides television, computer, or telephone services by cable, digital, fiber optic, satellite, or comparable technology to subscribers for a fee. (C) Requests for federal level criminal history information received by the Department of Justice from entities authorized pursuant to subparagraph (A) shall be forwarded to the Federal Bureau of Investigation by the Department of Justice. Federal level criminal history information received or compiled by the Department of Justice may then be disseminated to the entities referenced in subparagraph (A), as authorized by law. (D) (i) Authority for a cable corporation to request state or federal level criminal history information under this paragraph shall commence July 1, 2005. (ii) Authority for a public utility to request federal level criminal history information under this paragraph shall commence July 1, 2005. (11) To any campus of the California State University or the University of California, or any four year college or university accredited by a regional accreditation organization approved by the United States Department of Education, if needed in conjunction with an application for admission by a convicted felon to any special education program for convicted felons, including, but not limited to, university alternatives and halfway houses. Only conviction information shall be furnished. The college or university may require the convicted felon to be fingerprinted, and any inquiry to the department under this section shall include the convicted felon's fingerprints and any other information specified by the department. (12) To any foreign government, if requested by the individual who is the subject of the record requested, if needed in conjunction with the individual's application to adopt a minor child who is a citizen of that foreign nation. Requests for information pursuant to this paragraph shall be in accordance with the process described in Sections 11122 to 11124, inclusive. The response shall be provided to the foreign government or its designee and to the individual who requested the information. (d) Whenever an authorized request for state summary criminal history information pertains to a person whose fingerprints are on file with the Department of Justice and the department has no criminal history of that person, and the information is to be used for employment, licensing, or certification purposes, the fingerprint card accompanying the request for information, if any, may be stamped "no criminal record" and returned to the person or entity making the request. (e) Whenever state summary criminal history information is furnished as the result of an application and is to be used for employment, licensing, or certification purposes, the Department of Justice may charge the person or entity making the request a fee that it determines to be sufficient to reimburse the department for the cost of furnishing the information. In addition, the Department of Justice may add a surcharge to the fee to fund maintenance and improvements to the systems from which the information is obtained. Notwithstanding any other law, any person or entity required to pay a fee to the department for information received under this section may charge the applicant a fee sufficient to reimburse the person or entity for this expense. All moneys received by the department pursuant to this section, Sections 11105.3 and 26190, and former Section 13588 of the Education Code shall be deposited in a special account in the General Fund to be available for expenditure by the department to offset costs incurred pursuant to those sections and for maintenance and improvements to the systems from which the information is obtained upon appropriation by the Legislature. (f) Whenever there is a conflict, the processing of criminal fingerprints and fingerprints of applicants for security guard or alarm agent registrations or firearms qualification permits submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4 of the Business and Professions Code shall take priority over the processing of other applicant fingerprints. (g) It is not a violation of this section to disseminate statistical or research information obtained from a record, provided that the identity of the subject of the record is not disclosed. (h) It is not a violation of this section to include information obtained from a record in (1) a transcript or record of a judicial or administrative proceeding or (2) any other public record if the inclusion of the information in the public record is authorized by a court, statute, or decisional law. (i) Notwithstanding any other law, the Department of Justice or any state or local law enforcement agency may require the submission of fingerprints for the purpose of conducting summary criminal history information checks that are authorized by law. (j) The state summary criminal history information shall include any finding of mental incompetence pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 arising out of a complaint charging a felony offense specified in Section 290. (k) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization and the information is to be used for peace officer employment or certification purposes. As used in this subdivision, a peace officer is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (2) Notwithstanding any other provision of law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. (C) Every arrest or detention, except for an arrest or detention resulting in an exoneration, provided however that where the records of the Department of Justice do not contain a disposition for the arrest, the Department of Justice first makes a genuine effort to determine the disposition of the arrest. (D) Every successful diversion. (E) Every date and agency name associated with all retained peace officer or non-sworn law enforcement agency employee pre-employment criminal offender record information search requests. (l) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by a criminal justice agency or organization as defined in Section 13101, and the information is to be used for criminal justice employment, licensing, or certification purposes. (2) Notwithstanding any other provision of law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. (C) Every arrest for an offense for which the records of the Department of Justice do not contain a disposition or did not result in a conviction, provided that the Department of Justice first makes a genuine effort to determine the disposition of the arrest. However, information concerning an arrest shall not be disclosed if the records of the Department of Justice indicate or if the genuine effort reveals that the subject was exonerated, successfully completed a diversion or deferred entry of judgment program, or the arrest was deemed a detention. (D) Every date and agency name associated with all retained peace officer or non-sworn law enforcement agency employee pre-employment criminal offender record information search requests. (m) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 1522, 1568.09, 1569.17, or 1596.871 of the Health and Safety Code, or any statute that incorporates the criteria of any of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. (2) Notwithstanding any other provision of law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction of an offense rendered against the applicant. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. (C) Every arrest for an offense for which the Department of Social Services is required by paragraph (1) of subdivision (a) of Section 1522 of the Health and Safety Code to determine if an applicant has been arrested. However, if the records of the Department of Justice do not contain a disposition for an arrest, the Department of Justice shall first make a genuine effort to determine the disposition of the arrest. (3) Notwithstanding the requirements of the sections referenced in paragraph (1) of this subdivision, the Department of Justice shall not disseminate information about an arrest subsequently deemed a detention or an arrest that resulted in either the successful completion of a diversion program or exoneration. (n) (1) This subdivision shall apply whenever state or federal summary criminal history information, to be used for employment, licensing, or certification purposes, is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual pursuant to any of the following: (A) Paragraph (9) of subdivision (c), when the information is to be used by a cable corporation. (B) Section 11105.3 or 11105.4. (C) Section 15660 of the Welfare and Institutions Code. (D) Any statute that incorporates the criteria of any of the statutory provisions listed in subparagraph (A), (B), or (C), or of this subdivision, by reference. (2) With the exception of applications submitted by transportation companies authorized pursuant to Section 11105.3, and notwithstanding any other provision of law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant for a violation or attempted violation of any offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code. However, with the exception of those offenses for which registration is required pursuant to Section 290, the Department of Justice shall not disseminate information pursuant to this subdivision unless the conviction occurred within 10 years of the date of the agency's request for information or the conviction is over 10 years old but the subject of the request was incarcerated within 10 years of the agency's request for information. (B) Every arrest for a violation or attempted violation of an offense specified in subdivision (a) of Section 15660 of the Welfare and Institutions Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. (o) (1) This subdivision shall apply whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency or organization pursuant to Section 379 or 550 of the Financial Code, or any statute that incorporates the criteria of either of those sections or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. (2) Notwithstanding any other provision of law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant for a violation or attempted violation of any offense specified in Section 550 of the Financial Code. (B) Every arrest for a violation or attempted violation of an offense specified in Section 550 of the Financial Code for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. (p) (1) This subdivision shall apply whenever state or federal criminal history information is furnished by the Department of Justice as the result of an application by an agency, organization, or individual not defined in subdivision (k), (l), (m), (n), or (o), or by a transportation company authorized pursuant to Section 11105.3, or any statute that incorporates the criteria of that section or this subdivision by reference, and the information is to be used for employment, licensing, or certification purposes. (2) Notwithstanding any other provisions of law, whenever state summary criminal history information is initially furnished pursuant to paragraph (1), the Department of Justice shall disseminate the following information: (A) Every conviction rendered against the applicant. (B) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on his or her own recognizance pending trial. (q) All agencies, organizations, or individuals defined in subdivisions (k), (l), (m), (n), (o), and (p) may contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. This subdivision shall not supersede sections that mandate an agency, organization, or individual to contract with the Department of Justice for subsequent notification pursuant to Section 11105.2. (r) Nothing in this section shall be construed to mean that the Department of Justice shall cease compliance with any other statutory notification requirements. (s) The provisions of Section 50.12 of Title 28 of the Code of Federal Regulations are to be followed in processing federal criminal history information. (t) Whenever state or federal summary criminal history information is furnished by the Department of Justice as the result of an application by an authorized agency, organization, or individual defined in subdivisions (k) to (p), inclusive, and the information is to be used for employment, licensing, or certification purposes, the authorized agency, organization, or individual shall expeditiously furnish a copy of the information to the person to whom the information relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. SEC. 3. Section 11105.2 of the Penal Code is amended to read: 11105.2. (a) The Department of Justice may provide subsequent state or federal arrest or disposition notification to any entity authorized by state or federal law to receive state or federal summary criminal history information to assist in fulfilling employment, licensing, certification duties, or the duties of approving relative caregivers and non-relative extended family members, upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. Nothing in this section shall authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. When the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. (b) For purposes of this section, "approval" means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a non-relative extended family member for placement of a child supervised by the juvenile court. (c) Any entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. (d) Any entity which submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicant's license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregiver's or non-relative extended family member's approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority. (e) Any entity receiving a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice. (f) Any entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval. (g) An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service. (h) Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.

8-2-126.Employer use of consumer credit information; Violation; Short title; Definitions (1) This section shall be known and may be cited as the "Employment Opportunity Act" (2) As used in this section: (a) "Adverse action" means: (i) for an applicant for employment, denial of employment; and (ii) for an employee, demotion, reassignment to a lower-ranked position or to a position with a lower level of compensation, decrease in compensation level, denial of promotion, or termination of employment; or (iii) any other decision for employment purposes that adversely affects an employee or applicant. (b) "Consumer credit information" means a written, oral, or other communication of information bearing on a consumer's creditworthiness, credit standing, credit capacity, or credit history. "Consumer credit information" includes a credit score but does not include the address, name, or date of birth of an employee associated with a social security number." (c) "Credit score" means an attempted numerical quantification of a person's creditworthiness or credit history. (d) "Employee" means every person who may be permitted, required, or directed by any employer in consideration of direct or indirect gain or profit, to engage in any employment and includes an applicant for employment. (e) "Employer" has the meaning set forth in section 8-1-101 and includes a prospective employer; except that "Employer" does not include any state or local law enforcement agency. (f) "Employment purposes" means evaluating a person for employment, hiring, promotion, demotion, reassignment, adjustment in compensation level, or retention as an employee. (g) "Substantially related to the employee's current or potential job" means the information contained in a credit report is related to the position for which the employee who is the subject of the report is being evaluated because the position: (i) Constitutes executive or management personnel or officers or employees who constitute professional staff to executive and management personnel, and the position involves one or more of the following: (A) setting the direction or control of a business, division, unit, or an agency of a business; (B) a fiduciary responsibility to the employer; (C) access to customers', employees', or the employer's personal or financial information other than information customarily provided in a retail transaction; or (D) the authority to issue payments, collect debts, or enter into contracts; or (ii) Involves contracts with defense, intelligence, national security, or space agencies of the federal government. (3) (a) An employer shall not use consumer credit information for employment purposes unless the information is substantially related to the employee's current or potential job. An employer or employer's agent, representative, or designee shall not require an employee to consent to a request for a credit report that contains information about the employee's credit score, credit account balances, payment history, savings or checking account balances, or savings or checking account numbers as a condition of employment unless: (i) the employer is a bank or financial institution; (ii) the report is required by law; or (iii) the report is substantially related to the employee's current or potential job and the employer has a bona fide purpose for requesting or using information in the credit report that is substantially related to the employee's current or potential job and is disclosed in writing to the employee. (b) When consumer credit information is substantially related to the employee's current or potential job, an employer may inquire further of the employee to give him or her the opportunity to explain any unusual or mitigating circumstances where the consumer credit information may not reflect money management skills but is rather attributable to some other factor, including a layoff, error in the credit information, act of identity theft, medical expense, military separation, death, divorce, or separation in the employee's family, student debt, or a lack of credit history. (4) If an employer relies, in whole or in part, on consumer credit information to take adverse action regarding the employee whose information was obtained, the employer shall disclose that fact, and the particular information upon which the employer relies, to the employee. The employer shall make the disclosure required under this subsection (4) to an employee in writing or to an applicant using the same medium in which the application was made. (5) A person who is injured by a violation of this section may file a complaint with the division of labor, upon which the division of labor shall promptly investigate and issue findings within thirty days after a hearing and may award civil penalties not to exceed two thousand five hundred dollars to a prevailing party in an action brought under this subsection (5). (6) The director of the division of labor in the Department of Labor and Employment shall enforce this section. (7) Nothing in this section imposes any liability on a person, including a consumer reporting agency, as that term is defined in section 12-14.3-102 (4), C.R.S., for providing an employer with consumer credit information.

22-1-121. Nonpublic schools — employment of personnel — notification by department of education.--(1) Prior to the employment of any person by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purpose of determining: (a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for: (I) A felony; or (II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; (b) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to section 22-32-109.7 and confirmed by the department pursuant to the provisions of section 22-2-119 (1)(b); (c) If a holder of a license or authorization pursuant to the provisions of article 60.5 of this title, whether such person's certificate, letter of authorization, authorization, or license has ever been annulled, suspended, or revoked pursuant to the provisions of section 22-60-110(2)(b) as said section existed prior to July 1, 1999, or pursuant to article 60.5 of this title following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children. (1.5) During the time that a person is employed by a nonpublic school in this state, the governing board of such school may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section. (1.7) (a) To facilitate the inquiry permitted by subsection (1) or subsection (1.5) of this section, the governing board of a participating nonpublic school shall require an applicant or employee to submit to the governing board of the school a complete set of his or her fingerprints taken by a qualified law enforcement agency or an authorized school employee. The governing board shall forward the set of fingerprints together with a check to cover the direct and indirect costs of conducting a fingerprint-based criminal history record check of the applicant or employee to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The department shall be the authorized agency to receive and disseminate information regarding the result of any national criminal history record check. Any such national check shall be handled in accordance with Pub.L. 92-544, as amended. The department shall notify the governing board whether a fingerprint-based criminal history record check has identified any conviction, plea of nolo contendere, deferred sentence, or deferred prosecution described in subsection (1) of this section. (b) All costs arising from a fingerprint-based criminal history record check performed by the Colorado bureau of investigation and the federal bureau of investigation pursuant to the provisions of this section shall be borne by the nonpublic school. Such costs may be passed on to the employee or the prospective employee. (c) (Deleted by amendment, L. 2006, p. 926, § 6, effective July 1, 2006.) (2) Any information received by the governing board of a nonpublic school pursuant to subsection (1) of this section shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases information obtained pursuant to the provisions of said subsection (1) or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307(4), C.R.S.

22-32-109.7. Board of education — specific duties — employment of -- personnel. (1) Prior to the employment of any person by a school district, the board of education shall make an inquiry concerning such person to the department of education for the purpose of determining: (a) Whether such person has been convicted of, has pled nolo contendere to, or has received a deferred sentence or deferred prosecution for: (I) A felony; or (II) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children; (b) Whether such person has been dismissed by, or has resigned from, a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which was supported by a preponderance of the evidence according to information provided to the department by a school district pursuant to subsection (3) of this section and confirmed by the department pursuant to the provisions of section 22-2-119(1)(b); (c) If a holder of a license or authorization issued pursuant to the provisions of article 60.5 of this title, whether such person's license or authorization has ever been denied, annulled, suspended, or revoked pursuant to the provisions of section 22-60-110(2)(b), as it existed prior to July 1, 1999, or pursuant to article 60.5 of this title, following a conviction, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children. (1.5) During the employment of any person by a school district, the board of education may make an inquiry concerning such person to the department of education for the purposes described in subsection (1) of this section. (2)(a) The board of education shall also contact previous employers of such applicant for the purpose of obtaining information or recommendations which may be relevant to such person's fitness for employment. (b) Any previous employer of an applicant for employment who provides information to a school district or who makes a recommendation concerning an applicant, whether at the request of the school district or the applicant, shall be immune from civil liability unless: (I) The information is false and the previous employer knows such information is false or acts with reckless disregard concerning the veracity of such information; and (II) The school district acts upon such information to the detriment of: (A) The applicant because the school district refused to employ such person based, in whole or in part, on negative information concerning such person later determined to be false; or (B) The school district because the school district employed the applicant based, in whole or in part, on positive information concerning such person later determined to be false. (c) Any school district which relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and such school district knows the information is false or acts with reckless disregard concerning the veracity of such information. (3) If an employee of a school district is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of the evidence, within ten business days after the dismissal or resignation, the board of education of the school district shall notify the department of education and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The district shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department of education unless the notice would conflict with the confidentiality requirements of the "Child Protection Act of 1987", part 3 of article 3 of title 19, C.R.S. A public school district or charter school shall not enter into a settlement agreement that would restrict the school district or charter school from sharing any relevant information related to a conviction for child abuse or a sexual offense against a child as defined by section 13-80-103.9(1)(c), C.R.S., pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based. (3.5) Whenever a school district learns from a source other than the department of education that a current or past employee of the school district has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the school district shall notify the department of education. (4) Any information received by a board of education pursuant to subsection (1) or (2) of this section shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. Any person who releases information obtained pursuant to the provisions of said subsections or who makes an unauthorized request for information from the department shall be subject to the penalties set forth in section 24-72-206, C.R.S.; except that any person who releases information received from the department of education concerning information contained in the records and reports of child abuse or neglect maintained by the state department of human services shall be deemed to have violated section 19-1-307(4), C.R.S.

22-32-109.8. Applicants selected for nonlicensed positions — submittal of form and fingerprints — prohibition against employing persons failing to comply — department database. (1) Except as otherwise provided in paragraph (a) of subsection (10) of this section, any person applying to any school district for any position of employment for which a license issued pursuant to article 60.5 of this title is not required and who is selected for such position of employment by such school district shall submit a complete set of fingerprints of such applicant taken by a qualified law enforcement agency or authorized employee of such school district and a notarized, completed form as specified in subsection (2) of this section. Said fingerprints and form shall be submitted to the school district at the time requested by such school district. (2) On a form provided by the school district, a selected applicant shall certify, under penalty of perjury, either (a) That he has never been convicted of committing any felony or misdemeanor; but not including any misdemeanor traffic offense or traffic infraction; or (b) That he has been convicted of committing any felony or misdemeanor; but not including any misdemeanor traffic offense or traffic infraction. Such certification shall specify such felony or misdemeanor for which convicted, the date of such conviction, and the court entering the judgment of conviction. (3) In addition to any other requirements established by law, the submittal of fingerprints and the form pursuant to subsection (1) of this section shall be a prerequisite to the employment of any person in a noncertificated position in a school district, and no person shall be so employed who has not complied with the provisions of subsection (1) of this section. (4) Any school district to which fingerprints are submitted pursuant to subsection (1) of this section shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. (5) A school district may employ any person in a noncertificated position in such school district prior to receiving the results regarding such selected applicant's fingerprints; however, the school district may terminate the employment of such person if the results are inconsistent with the information provided by the person in the form submitted pursuant to subsection (1) of this section. The school district shall notify the proper district attorney of such inconsistent results for purposes of action or possible prosecution. (6)(a) When any school district finds good cause to believe that any nonlicensed personnel employed by such school district has been convicted of any felony or misdemeanor other than a misdemeanor traffic offense or traffic infraction subsequent to such employment, such school district shall require such person to submit to the school district a complete set of his or her fingerprints taken by a qualified law enforcement agency. Said fingerprints shall be submitted within twenty days of receipt of written notification from the school district. The school district shall forward the fingerprints of such person to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. (b) School districts shall not charge noncertificated personnel any fees for the direct and indirect costs of such school district for fingerprint processing performed pursuant to the provisions of this subsection (6). (7) For purposes of this section, a person is deemed to be convicted of committing a felony or misdemeanor if such person has been convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be a felony or misdemeanor. (8) For purposes of this section: (a) "Convicted" means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged with a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court. (b) "Position of employment" means any job or position in which any person may be engaged in the service of a school district for salary or hourly wages, whether full time or part time and whether temporary or permanent. (9) All costs arising from the taking of fingerprints and from any fingerprint processing performed by the Colorado bureau of investigation pursuant to the provisions of this section shall be borne by school districts. Except as otherwise provided in paragraph (b) of subsection (6) of this section, school districts may charge such selected applicants a nonrefundable fee in an amount equal to the direct and indirect costs of such school district for the administration of this section. Said fees shall be credited to the fingerprint processing account and shall be used for the purposes set forth in this section and may not be expended by the school district for any other purpose; however, said fees shall not be used for the purposes set forth in subsection (6) of this section. Any moneys in said account which are not expended during a budget year shall be carried forward and budgeted for the purposes set forth in this section in the next budget year. Such fee may be paid by the selected applicant over a period of sixty days after employment. (10)(a) The provisions of this section shall not apply to any person who is enrolled as a student in any school district and who is applying to the same school district in which such student is enrolled for a position of employment for which a license issued pursuant to article 60.5 of this title is not required. (b) (Deleted by amendment, L. 2002, p. 974, § 9, effective June 1, 2002.) (11)(a) Each school district shall submit to the department of education the name, date of birth, and social security number from the human resource electronic data communications and reporting system required by section 22-44-105(4)(a) for each nonlicensed person employed by the district. (b) The department of education shall create and maintain a database of all the information submitted pursuant to this subsection (11). (c) At the beginning of each semester, a school district shall notify the department of education when a nonlicensed employee is no longer employed by the school district, and the department shall purge at least annually the employees' information from the database created pursuant to paragraph (b) of this subsection (11). (d) On or before August 30 each year, the department of education shall submit a list of all persons employed by each school district in the state for the preceding school year to the Colorado bureau of investigation. The list shall include each employee's name and date of birth.

22-30.5-110.5. Charter schools; Background checks required--(1) A charter school shall conduct a background investigation of an applicant to whom an offer of employment is extended to determine whether the applicant is suitable to work in an environment with children. (2) The background investigation of an applicant, at a minimum, shall include: (a) An inquiry by the charter school to the department to determine whether the applicant: (I) Has had his or her educator license or certification denied, suspended, revoked, or annulled in this state or another state for any reason, including but not limited to a conviction, a plea of not guilty, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children; (II) Has been dismissed by, or has resigned from, a school district as a result of any allegation, including but not limited to unlawful sexual behavior, that was supported by a preponderance of the evidence according to information provided to the department pursuant to section 22-32-109.7 (3) or subsection (7) of this section and confirmed by the department pursuant to section 22-2-119 (1) (b); (b) (I) A fingerprint-based criminal history record check as described in section 22-30.5-110.7. (II) The criminal history record check shall be designed to determine, at a minimum, whether the applicant has been convicted of, pled nolo contendere or guilty to, or received a deferred sentence or deferred prosecution for: (A) A felony; or (B) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children. (c) Inquiries to the applicant's previous employers to obtain information or recommendations that may be relevant to the applicant's fitness for employment. (3) Upon request, the department shall provide the charter school with any information the department may have concerning a person who applies for employment with a charter school or a charter school employee. (4) The charter school shall pay to the department the background investigation fee established pursuant to section 22-2-119 (5) for each applicant who does not hold an educator license issued pursuant to article 60.5 of this title and for whom the charter school requests a background investigation. The charter school may assess the amount of the fee to the applicant. (5) (a) An applicant's previous employer that provides information to a charter school or makes a recommendation concerning the applicant, whether at the request of the charter school or the applicant, shall be immune from civil liability unless: (I) The information is false and the previous employer knows the information is false or acts with reckless disregard concerning the veracity of the information; and (II) The charter school acts upon the information to the detriment of: (A) The applicant because the charter school refuses to employ the applicant based, in whole or in part, on negative information concerning the applicant later determined to be false; or (B) The charter school because the charter school employs the applicant based, in whole or in part, on positive information concerning the applicant later determined to be false. (b) A charter school that relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and the charter school knows the information is false or acts with reckless disregard concerning the veracity of the information. (6) (a) Each charter school shall submit to the department the name, date of birth, and social security number of each person employed by the charter school. The department shall add the information submitted pursuant to this subsection (6) for charter school employees who do not hold an educator license to the database for nonlicensed school employees maintained by the department pursuant to section 22-32-109.8 (11). The department shall add the information submitted pursuant to this subsection (6) for licensed employees to the database maintained by the department for licensed educators. (b) At the beginning of each semester, each charter school shall notify the department if a nonlicensed employee is no longer employed by the charter school. The department shall purge the employee's information from the database within twelve months after receiving the notice. (7) (a) If an employee of a charter school is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, that is supported by a preponderance of the evidence, the governing board of the charter school shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The charter school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department unless the notice would conflict with the confidentiality requirements of the "Child Protection Act of 1987"", part 3 of article 3 of Title 19, C.R.S. (b) If a charter school learns from a source other than the department that a current or past employee of the charter school has been convicted of, pled guilty to, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the charter school shall notify the department. (8) On or before August 30 each year, the department shall submit a list of all persons employed by each charter school in the state for the preceding school year to the colorado bureau of investigation. The list shall include each employee's name and date of birth. (9) Any information received by a charter school pursuant to this section or section 22-30.5-110.7 shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. A person who releases information obtained pursuant to the provisions of this section or section 22- 30.5-110.7 or who makes an unauthorized request for information from the charter school shall be subject to the penalties set forth in section 24-72- 206, c.r.s.; except that a person who releases information received from the charter school concerning information contained in the records and reports of child abuse or neglect maintained by the department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S. [Sec. 22-30.5-110.5, as enacted by S.B. 208, L. 2008, effective Aug. 5, 2008].

22-30.5-511.5. Institute charter schools; Background checks procedure--(1) An institute charter school shall conduct a background investigation, including a fingerprint-based criminal history record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7, of an applicant to whom an offer of employment is extended by the institute charter school to determine whether the applicant is suitable to work in an environment with children. An applicant who applies for a position of employment with an institute charter school shall submit to a background investigation, including a fingerprint- based criminal history record check, as described in sections 22-30.5-110.5 and 22-30.5-110.7. (2) When an institute charter school finds good cause to believe that a person employed by the institute charter school has been convicted of a felony or misdemeanor, other than a misdemeanor traffic offense or traffic infraction subsequent to such employment, the institute charter school shall require the person to submit to the institute charter school a complete set of his or her fingerprints for a fingerprint-based criminal history record check as described in 22-30.5-110.7 (6). (3) Each institute charter school shall comply with the reporting requirements specified in section 22-30.5-110.5. [Sec. 22-30.5-511.5, as enacted by S.B. 208, L. 2008, effective Aug. 5, 2008].

22-30.5-110.5. Charter schools; Background checks required--(1) A charter school shall conduct a background investigation of an applicant to whom an offer of employment is extended to determine whether the applicant is suitable to work in an environment with children. (2) The background investigation of an applicant, at a minimum, shall include: (a) An inquiry by the charter school to the department to determine whether the applicant: (I) Has had his or her educator license or certification denied, suspended, revoked, or annulled in this state or another state for any reason, including but not limited to a conviction, a plea of not guilty, a plea of nolo contendere, or a deferred sentence for a crime involving unlawful sexual behavior or unlawful behavior involving children; (II) Has been dismissed by, or has resigned from, a school district as a result of any allegation, including but not limited to unlawful sexual behavior, that was supported by a preponderance of the evidence according to information provided to the department pursuant to section 22-32-109.7 (3) or subsection (7) of this section and confirmed by the department pursuant to section 22-2-119 (1) (b); (b) (I) A fingerprint-based criminal history record check as described in section 22-30.5-110.7. (II) The criminal history record check shall be designed to determine, at a minimum, whether the applicant has been convicted of, pled nolo contendere or guilty to, or received a deferred sentence or deferred prosecution for: (A) A felony; or (B) A misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children. (c) Inquiries to the applicant's previous employers to obtain information or recommendations that may be relevant to the applicant's fitness for employment. (3) Upon request, the department shall provide the charter school with any information the department may have concerning a person who applies for employment with a charter school or a charter school employee. (4) The charter school shall pay to the department the background investigation fee established pursuant to section 22-2-119 (5) for each applicant who does not hold an educator license issued pursuant to article 60.5 of this title and for whom the charter school requests a background investigation. The charter school may assess the amount of the fee to the applicant. (5) (a) An applicant's previous employer that provides information to a charter school or makes a recommendation concerning the applicant, whether at the request of the charter school or the applicant, shall be immune from civil liability unless: (I) The information is false and the previous employer knows the information is false or acts with reckless disregard concerning the veracity of the information; and (II) The charter school acts upon the information to the detriment of: (A) The applicant because the charter school refuses to employ the applicant based, in whole or in part, on negative information concerning the applicant later determined to be false; or (B) The charter school because the charter school employs the applicant based, in whole or in part, on positive information concerning the applicant later determined to be false. (b) A charter school that relies on information provided by or a recommendation made by a previous employer in making an employment decision shall be immune from civil liability unless the information is false and the charter school knows the information is false or acts with reckless disregard concerning the veracity of the information. (6) (a) Each charter school shall submit to the department the name, date of birth, and social security number of each person employed by the charter school. The department shall add the information submitted pursuant to this subsection (6) for charter school employees who do not hold an educator license to the database for nonlicensed school employees maintained by the department pursuant to section 22-32-109.8 (11). The department shall add the information submitted pursuant to this subsection (6) for licensed employees to the database maintained by the department for licensed educators. (b) At the beginning of each semester, each charter school shall notify the department if a nonlicensed employee is no longer employed by the charter school. The department shall purge the employee's information from the database within twelve months after receiving the notice. (7) (a) If an employee of a charter school is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, that is supported by a preponderance of the evidence, the governing board of the charter school shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The charter school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department unless the notice would conflict with the confidentiality requirements of the "Child Protection Act of 1987"", part 3 of article 3 of Title 19, C.R.S. (b) If a charter school learns from a source other than the department that a current or past employee of the charter school has been convicted of, pled guilty to, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for a felony or a misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the charter school shall notify the department. (8) On or before August 30 each year, the department shall submit a list of all persons employed by each charter school in the state for the preceding school year to the colorado bureau of investigation. The list shall include each employee's name and date of birth. (9) Any information received by a charter school pursuant to this section or section 22-30.5-110.7 shall be confidential information and not subject to the provisions of part 2 of article 72 of title 24, C.R.S. A person who releases information obtained pursuant to the provisions of this section or section 22- 30.5-110.7 or who makes an unauthorized request for information from the charter school shall be subject to the penalties set forth in section 24-72- 206, c.r.s.; except that a person who releases information received from the charter school concerning information contained in the records and reports of child abuse or neglect maintained by the department of human services shall be deemed to have violated section 19-1-307 (4), C.R.S. [Sec. 22-30.5-110.5, as enacted by S.B. 208, L. 2008, effective Aug. 5, 2008].

10-221d. Criminal history records checks of school personnel. Fingerprinting. Termination or dismissal. **Update Notice: This section has been amended by P.A. 10-71 --(a) Each local and regional board of education shall (1) require each applicant for a position in a public school to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of such person's application, (2) require, subject to the provisions of subsection (d) of this section, each person hired by the board after July 1, 1994, to submit to state and national criminal history records checks within thirty days from the date of employment and may require, subject to the provisions of subsection (d) of this section, any person hired prior to said date to submit to state and national criminal history records checks, and (3) require each worker (A) placed within a school under a public assistance employment program, (B) employed by a provider of supplemental services pursuant to the No Child Left Behind Act, P.L. 107-110, or (C) on and after July 1, 2010, in a nonpaid, noncertified position completing preparation requirements for the issuance of an educator certificate pursuant to chapter 166, who performs a service involving direct student contact to submit to state and national criminal history records checks within thirty days from the date such worker begins to perform such service. The criminal history records checks required by this subsection shall be conducted in accordance with section 29-17a. If the local or regional board of education receives notice of a conviction of a crime which has not previously been disclosed by such person to the board, the board may (i) terminate the contract of a certified employee, in accordance with the provisions of section 10-151, and (ii) dismiss a noncertified employee provided such employee is notified of the reason for such dismissal, is provided the opportunity to file with the board, in writing, any proper answer to such criminal conviction and a copy of the notice of such criminal conviction, the answer and the dismissal order are made a part of the records of the board. In addition, if the local or regional board of education receives notice of a conviction of a crime by a person (I) holding a certificate, authorization or permit issued by the State Board of Education, (II) employed by a provider of supplemental services, or (III) on and after July 1, 2010, in a nonpaid, noncertified position completing preparation requirements for the issuance of an educator certificate pursuant to chapter 106, the local or regional board of education shall send such notice to the State Board of Education. The supervisory agent of a private school may require any applicant for a position in such school or any employee of such school to submit to state and national criminal history records checks in accordance with the procedures described in this subsection. (b) If a local or regional board of education, endowed or incorporated academy approved by the State Board of Education pursuant to section 10-34, or special education facility approved by the State Board of Education pursuant to section 10-76d requests, a regional educational service center shall arrange for the fingerprinting of any person required to submit to state and national criminal history records checks pursuant to this section or for conducting any other method of positive identification required by the State Police Bureau of Identification or the Federal Bureau of Investigation and shall forward such fingerprints or other positive identifying information to the State Police Bureau of Identification which shall conduct criminal history records checks in accordance with section 29-17a. Such regional educational service centers shall provide the results of such checks to such local or regional board of education, endowed or incorporated academy or special education facility. Such regional educational service centers shall provide such results to any other local or regional board of education or regional educational service center upon the request of such person. (c) State and national criminal history records checks for substitute teachers completed within one year prior to the date of employment with a local or regional board of education and submitted to the employing board of education shall meet the requirements of subdivision (2) of subsection (a) of this section. A local or regional board of education shall not require substitute teachers to submit to state and national criminal history records checks pursuant to subdivision (2) of subsection (a) of this section if they are continuously employed by such local or regional board of education. For purposes of this section, substitute teachers shall be deemed to be continuously employed by a local or regional board of education if they are employed at least one day of each school year by such local or regional board of education. (d)(1) The provisions of this section shall not apply to a person required to submit to a criminal history records check pursuant to the provisions of subsection (d) of section 14-44. (2) The provisions of this section shall not apply to a student employed by the local or regional school district in which the student attends school. (3) The provisions of subsection (a) of this section requiring state and national criminal history records checks shall, at the discretion of a local or regional board of education, apply to a person employed by a local or regional board of education as a teacher for a noncredit adult class or adult education activity, as defined in section 10-67, who is not required to hold a teaching certificate pursuant to section 10-145b for his or her position. (e) The State Board of Education shall submit, periodically, a database of applicants for an initial issuance of certificate, authorization or permit pursuant to sections 10-144o to 10-149, inclusive, to the State Police Bureau of Identification. The State Police Bureau of Identification shall conduct a state criminal history records check against such database and notify the State Board of Education of any such applicant who has a criminal conviction. The State Board of Education shall not issue a certificate, authorization or permit until it receives and evaluates the results of such check and may deny an application in accordance with the provisions of subsection (j) of section 10-145b. (f) The State Board of Education shall submit, periodically, a database of all persons who hold certificates, authorizations or permits to the State Police Bureau of Identification. The State Police Bureau of Identification shall conduct a state criminal history records check against such database and shall notify the State Board of Education of any such person who has a criminal conviction. The State Board of Education may revoke the certificate, authorization or permit of such person in accordance with the provisions of subsection (j) of section 10-145b.

Public Act No. 11-223 Section 1. (NEW) (Effective October 1, 2011) (a) As used in this section: (1) "Employee" means any person engaged in service to an employer in a business of his employer; (2) "Employer" means any person engaged in business who has one or more employees, including the state or any political subdivision of the state; (3) "Financial institution" means any entity or affiliate of a state bank and trust company, national banking association, state or federally chartered savings bank, state or federally chartered savings and loan association, state or federally chartered credit union, insurance company, investment advisor, broker-dealer or an entity registered with the securities and exchange commission; and (4) "Substantially related to the employee's current or potential job" means the information contained in the credit report is related to the position for which the employee or prospective employee who is the subject of the report is being evaluated because the position: (A) Is a managerial position which involves setting the direction or control of a business, division, unit or an agency of a business; (B) Involves access to customers', employees' or the employer's personal or financial information other than information customarily provided in a retail transaction; (C) Involves a fiduciary responsibility to the employer, including, but not limited to, the authority to issue payments, collect debts, transfer money or enter into contracts; (D) Provides an expense account or corporate debit or credit card; (E) Provides access to (i) confidential or proprietary business information, or (ii) information, including a formula, pattern, compilation, program, device, method, technique, process or trade secret that: (I) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the disclosure or use of the information; and (II) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or (F) Involves access to the employer's nonfinancial assets valued at two thousand five dollars or more, including, but not limited to, museum and library collections and to prescription drugs and other pharmaceuticals. (b) No employer or employer's agent, representative or designee may require an employee or prospective employee to consent to a request for a credit report that contains information about the employee's or prospective employee's credit score, credit account balances, payment history, savings or checking account balances or savings or checking account numbers as a condition of employment unless (1) such employer is a financial institution, (2) such report is required by law, (3) the employer reasonably believes that the employee has engaged in specific activity that constitutes a violation of the law related to the employee's employment, or (4) such report is substantially related to the employee's current or potential job or the employer has a bona fide purpose for requesting or using information in the credit report that is substantially job-related and is disclosed in writing to the employee or applicant. (c) Any employee or prospective employee may file a complaint with the Labor Commissioner alleging a violation of the provisions of subsection (b) of this section. Within thirty days after the filing of such complaint, the commissioner shall conduct an investigation and shall render his findings. Should said findings warrant, the commissioner shall hold a hearing, in accordance with the provisions of chapter 54 of the general statutes. An employer shall be liable to the Labor Department for a civil penalty of three hundred dollars for each inquiry made in violation of subsection (b) of this section. (d) The Attorney General, upon complaint of the Labor Commissioner, shall institute civil actions to recover the penalties provided for under subsection (c) of this section. Any amount recovered shall be deposited in the General Fund.

2708. School bus driver's qualifications. (a) No person shall drive, nor shall any contractor or public, parochial or private school, permit any person to drive a school bus within the State unless such driver has qualified for a commercial driver's license (CDL) under Chapter 26 of this title, and a school bus endorsement under this chapter, and other pertinent rules and regulations of the Department. Furthermore, except when in possession of a CDL permit and undergoing training or evaluation and accompanied by a certified Delaware School Bus Driver Trainer, school bus drivers shall at all times, while operating or in control of a school bus have in their immediate possession the following: (1) A properly endorsed and classified Delaware CDL license, with a P (passenger) and S (school bus) endorsement. In exceptional circumstances, the Department of Education may request that the Department issue a 45-day temporary S endorsement to allow a driver to drive upon completion of all requirements except the 12 hours of classroom training. Out-of-state school bus drivers shall comply with § 2709 of this title. (2) A physical examination certification indicating a valid and approved Department of Education physical exam completed within the last year. (b) To qualify for an S (school bus) endorsement an applicant must meet all the following requirements: (1) Be at least 18 years of age with 1 year of driving experience. (2) Have qualified for a CDL license with P (passenger) endorsement. (3) Show completion of a course of training with specific course content as determined by the Department of Education and including the knowledge specified in 49 C.F.R. § 383.123(a)(2). Such course shall contain as a minimum 12 hours of classroom training and 6 hours of training aboard a school bus with a certified Delaware School Bus Driver Trainer. Training on the school bus must include 4 hours of actual driving, 2 of which must be with students on the bus. (4) Pass a road test in a school bus administered by the Department and until September 30, 2005 has otherwise met the conditions of 49 C.F.R. § 383.123(b). (5) Not have more than 5 points on the applicant's 3-year driving record at the time of application. (6) Not have had the applicant's license suspended, revoked or disqualified in this State or any other jurisdiction for moving violations in the last 5 years. (7) Never have been convicted of any of the following crimes under the laws of this State or of any other jurisdiction: a. Any crime constituting the manufacture, delivery or possession of a controlled substance or a counterfeit controlled substance classified as such in Schedule I, II, III, IV or V of Chapter 47 of Title 16; b. Any crime against a child; c. Any crime constituting a class A or B felony; d. Any crime constituting a felony homicide, including, but not limited to, murder, manslaughter and vehicular homicide; e. Any crime constituting a felony sexual offense; f. Any crime constituting a felony offense against public administration involving bribery, improper influence or abuse of office; or g. Any crime, other than those listed in this paragraph, constituting a felony for which the person has not been pardoned or for which less than 5 years have passed since the person fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension, and all forms of fines, restitution or community service. (8) Submit to a drug test, to be administered pursuant to the rules and regulations of the Department of Education, the results of which must be negative for controlled substances as defined by 49 U.S.C. § 31306 and the implementing regulations issued by the Secretary of Transportation pursuant thereto unless the controlled substances have been ingested pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice. Anyone testing positive to the drug test required in this paragraph shall have the right to request and pay for further analysis of their split sample, pursuant to the rules and regulations of the Department of Education, to determine whether the result was a false positive or the controlled substance was ingested pursuant to a valid prescription or order of a practitioner wile acting in the course of the practitioner's practice. Refusal to submit to testing, which shall include the provision of a substituted or adulterated test sample, shall be deemed to be a positive test result under this subsection. (c) Any time a license with a school bus endorsement is suspended, revoked or disqualified for moving violations, or the driver exceeds 8 points for moving violations, the school bus endorsement shall become invalid, and the endorsement shall be removed from the license. (d) Renewal of the school bus endorsement shall be as required for other licenses. (e) The Department shall provide school bus driver records at no charge to the Department of Education or to companies contracted to the Department of Education for school bus services. (f) The Department may conduct a criminal history background check pursuant to the procedures set forth in Chapter 85 of Title 11 for the purposes of issuing an S endorsement pursuant to this section.

8571. Screening procedure required. (a) Any person seeking employment with a public school shall be required to submit fingerprints and other necessary information in order to obtain the following: (1) Report of the individual's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Bureau of Identification Central Repository contains no such information relating to that person. (2) A report of the individual's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 [28 U.S.C. § 534]. The State Bureau of Identification shall be the intermediary for the purposes of this section and the public school shall be the screening point for the receipt of said federal criminal history records. (b) All information obtained pursuant to subsection (a) of this section shall be forwarded to the public school which will assess the information and make a determination of suitability for employment. The person seeking employment shall be provided with a copy of all information forwarded to the public school pursuant to this subsection. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer and the chief personnel officer of the public school, and one person in each public school, as defined in § 8570(4) of this title, who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential. The State Bureau of Identification may release any subsequent criminal history to the public school. (c) Costs associated with obtaining criminal history information and child sex abuse repository information shall be paid by the person seeking employment; provided, however, that subject to a specific annual appropriation in the Annual Appropriations Act, costs associated with obtaining criminal history information and child sex abuse repository information may be paid by the State. Notwithstanding the foregoing, public schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia of school districts to pay such costs for persons covered by this act who work in more than 1 school district during the course of a year. (d) A person seeking employment shall have an opportunity to respond to the public school regarding any information obtained pursuant to subsection (b) of this section prior to a determination of suitability for employment being made. The determination of suitability for employment shall be based upon the type of offenses, if any; the length of time since any offenses; record since any offenses; and responsibilities of the position which the person is seeking; provided that a person seeking employment with a public school may be disqualified from employment for any of the following reasons: (1) Conviction of manufacture, delivery or possession, or possession with intent to deliver a controlled substance, or a counterfeit controlled substance classified in Chapter 47 of Title 16 or in similar laws of any other jurisdiction; (2) Conviction of any felony in this State or any other jurisdiction in the last 5 years; or (3) Conviction of any crime against a child in this State or any other jurisdiction. (e) Upon making its determination of suitability, the public school shall forward the determination to the person seeking employment. If a determination is made to deny the person from employment based upon the criminal history of the person, the person shall have an opportunity to appeal to the chief school officer or designee for reconsideration. (f) A public school may conditionally hire a person seeking employment, pending the determination of suitability for employment. If the information obtained from the criminal background check reveals that the person is disqualified from employment pursuant to subsection (d) of this section, the person may not continue in employment and is subject to termination. (g) A person who is employed in a health care facility or child care facility or public school has an affirmative duty to inform, and shall inform, that person's own employer of any criminal conviction or of any entry on the Child Protection Registry established pursuant to Chapter 9 of Title 16. (h) The State Department of Education shall, in the manner provided by law, promulgate regulations necessary to implement this subchapter. These regulations shall include: (1) Establishment, in conjunction with the State Bureau of Identification, of a procedure for fingerprinting persons seeking employment with a public school and providing the reports and certificate obtained pursuant to subsection (a) of this section; (2) Establishment of a procedure for reconsideration of a determination to deny employment based upon a person's criminal history; and (3) Establishment of a procedure to provide confidentiality of information obtained pursuant to subsection (a) of this section and of the determination of suitability for employment.

8572. Penalties. -- Any person seeking a license under Chapter 12 of Title 14 or employment with a public school who knowingly provides false, incomplete or inaccurate criminal history information or who otherwise knowingly violates the provisions of § 8571 of this title shall be guilty of a class G felony and shall be punished according to Chapter 42 of this title.

745 Criminal Background Check for Public School Related Employment--This regulation shall apply to all individuals seeking public school related employment in a Delaware public school. Refer to 14 DE Admin. Code 746 Criminal Background Check for Student Teaching for the requirements and procedures related to criminal background checks for a Student Teaching Assignments in a Delaware public school.

7972. Background Check Center (a) Purpose (1) It is the purpose of this Section to establish an electronic system (Background Check Center) for the consolidation of various data streams necessary to provide a prospective employer or a current employer with information related to the suitability for employment of a person who provides care or services: (A) In any capacity, including as an employee, an agent, or an independent contractor working in a nursing facility or similar facility licensed pursuant to 16 Del.C. Ch. 11. (B) As an employee of a hospice agency, a home health agency, or a personal assistance services agency (Home Care Agency) licensed pursuant to 16 Del. C. §122(3)(m) and §122(3)(o) and §122(3)(x) working in an Private Residence. (2) It is the further purpose that the Background Check Center be self-supporting after the initial construction and initial operational phase. (3) Utilization of the Background Check Center by an employer is mandatory to ensure that all persons working in a nursing facility or similar facility or for a Home Care Agency are subject to comprehensive screening and updating of their criminal record. (4) The Background Check Center must be a reliable source of information which enables prompt decision making. An employer that uses the Background Check Center to secure background information is immune from liability when making decisions in reliance on the Background Check Center data. (5) Each person screened through the Background Check Center shall have a right of Appeal. (b) Definitions. As used in this chapter: (1) "Background Check Center (BCC)" means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment in a nursing facility or similar facility, or Home Care Agency. (2) "Department" means the Department of Health and Social Services (DHSS). (3) "Employer" is a person or other legal entity which employs people to work in a nursing facility or similar facility licensed pursuant to 16 Del.C. 1103, or for a Home Care Agency, as defined below. (4) "Home Care Agency" includes all programs or agencies licensed pursuant to 16 Del.C. §122(3)(m), or §122(3)(o), or §122(3)(x). (5) "Nursing Facility or Similar Facility" means any nursing facility or similar facility licensed pursuant to 16 Del.C. Ch. 11, including but not limited to nursing facilities (commonly referred to as nursing homes), assisted living facilities, intermediate care facilities for persons with mental retardation, neighborhood group homes, family care homes, rest residential facilities, and intensive behavioral support and education residences. (6) "Private Residence" means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual. A Private Residence does not include those healthcare facilities licensed by the Department of Health and Social Services under 16 Del.C., Chapter 11. (c) Mandatory participation. All Employers who are required to secure Criminal Background Checks pursuant to 16 Del.C. §1141 or §1145 must process all applicants for employment through the BCC. (d) Assessment of cost. The Department's Division of Management Services, with the approval of the Secretary of Health and Social Services, shall establish the appropriate fee to collect from BCC users. The fee shall approximate and reasonably reflect all costs necessary to defray the maintenance, operation, and development of the BCC after September 30, 2012. At the beginning of each calendar year the Division of Management Services, or any other state agency acting in its behalf, shall compute the appropriate fee and determine the effective date of any fee modification. All revenue generated pursuant to this section shall be deposited in a special BCC fund account in the Division of Management Services. (e) Immunity. (1) No Employer or facility shall be subject to suit directly, derivatively, or by way of contribution, for any civil damages resulting from a hiring decision made in reliance on information provided by the BCC. (2) It is the Employer's responsibility to store, electronically or on paper, the data provided by the BCC for so long as the Employer deems it necessary. (f) Appeal. Due process protections of notice and opportunity to be heard shall be provided to an applicant for employment who wishes to appeal BCC errors, or to appeal the imposition of sanctions under 16 Del.C §1141 or §1145. The hearing process shall be consistent with the Administrative Procedures Act, Chapter 101 of Title 29.

1141. Nursing homes; Criminal background checks; Terms defined Purpose. The purpose of the criminal background check and drug screening requirements of this section and § 1142 of this title is the protection of the safety and well-being of residents of nursing facilities and similar facilities licensed pursuant to this chapter. These sections shall be construed broadly to accomplish this purpose. (b) Definitions. (1) "Applicant" means any of the following: (A) A person seeking employment in a Facility, as defined below; (B) A current employee of a Facility who seeks a promotion in the facility; (C) A self-employed person or a person employed by an agency for work in a Facility; (D) A current employee of a Facility or a person as defined in (C) above who the Department of Health and Social Services has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed or commencing work; (E) A former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed time period. (2) "Background Check Center (BCC)" means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment in a nursing facility or similar facility. (3) "Criminal History" means a report from the Department of Health and Social Services regarding its review of the Applicant's entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 as amended (28 U.S.C. 534) and his or her Delaware record from the State Bureau of Identification. (4) "Department" means the Department of Health and Social Services (DHSS). (5) "Facility" means any facility licensed pursuant to this chapter, including but not limited to nursing facilities (commonly referred to as nursing homes), assisted living facilities, intermediate care facilities for persons with mental retardation; neighborhood group homes, family care homes, rest residential homes, intensive behavioral support and educational residences; retirement homes; rehabilitation homes; and hospices, with such terms to have such meaning as set forth in this title or, if not defined therein, as such terms are commonly used. (6) "Grandfathered Employee" means an employee of a Facility who was not fingerprinted pursuant to this statute because the employment commenced before the effective date of the statute (March 31, 1999), and no requirement for fingerprinting has since applied (see (b) (1) above). (7) "SBI" means the State Bureau of Identification. (c) No employer may employ an Applicant for work in a Facility before getting a Criminal History. The Criminal History of any person not employed directly by the Facility must be provided to the Facility upon the person's commencement of work. (d) Conditional hire.—The requirements of subsection (c) of this section may be suspended for sixty (60) days if the employer wishes to employ the Applicant on a conditional basis. Before an employer may offer conditional employment, the employer must receive verification that the Applicant has been fingerprinted by the SBI for purposes of the Criminal History. No Criminal History will be issued if the Applicant fails to provide information to DHSS regarding the status or disposition of an arrest within forty-five (45) days from the date of notice from DHSS of an open criminal charge. DHSS may extend the time limits for good cause shown. (e) No employer is permitted to employ or continue to employ a person with a conviction deemed disqualifying by DHSS's regulations.(f) Any employer who employs an Applicant and fails to secure a Criminal History shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. An employer is also subject to this penalty if that employer conditionally employs an Applicant before receiving verification that the Applicant has been fingerprinted for purposes of the Criminal History. (g) The Criminal History provided to the employer is strictly confidential. It may be used solely to determine the suitability of an Applicant for employment or continued employment in a Facility. (h) No Applicant is permitted to be employed in a Facility, other than conditionally pursuant to (d) above, until the Applicant's employer has secured the Applicant's Criminal History. (i) Before an Applicant is permitted to be employed in a Facility, the Applicant must: (1) Provide accurate information sufficient to secure a Criminal History; (2) Execute a full release to enable the employer to secure a Criminal History and to update the Criminal History while employed; (3) Execute a full release giving the employer permission to provide the Criminal History to the facility where the work is to be performed if the employer is other than the Facility. (j) An Applicant who fails to comply with (h) or (i) is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. (k) All Grandfathered Employees must be fingerprinted by the SBI within 120 days from the date of BCC implementation. SBI: (1) Shall use the fingerprints to establish the Grandfathered Employee's identity and to assign an SBI identification number for the sole purpose of enabling the person's criminal record to be monitored for new arrests while the Grandfathered Employee continues to work at a Nursing Facility or Similar Facility; (2) Shall not secure a state or federal criminal history on the Grandfathered Employee unless the Grandfathered Employee is also an Applicant as defined in Section (b) (1) above; (3) Shall comply with Title 11 §1911. (l) No employer is permitted to continue to employ a Grandfathered Employee who has not been fingerprinted within 120 days from the date of BCC implementation and assigned an SBI number. (m) DHSS shall promulgate regulations regarding: (1) The criteria it uses to determine unsuitability for employment; (2) The policies and procedures for preparing the Criminal History which govern the frequency of criminal record review and updating; (3) The frequency with which fingerprints must be obtained; (4) The information that DHSS provides in the Criminal History about disqualifying and non-disqualifying criminal convictions; (5) The methods for notifying Applicants and employers of the results of DHSS's review, and for providing Applicants with the Criminal History; (6) The administrative review process available to a person desiring to contest adverse information; (7) Other provisions required to achieve the purpose of this Section.

1145.Home health care agencies; Private residences; Background checks required of personnel Purpose.–The purpose of the criminal background check and drug screening requirements of this section and §1146 of this title is the protection of the safety and well-being of residents of this State who use the services of home health agencies, hospice agencies, or personal assistance services agencies licensed pursuant to this title or who employ a person to provide care in a Private Residence, as defined below. These sections shall be construed broadly to accomplish this purpose. (b) Definitions. (1) "Applicant" means any of the following: (A) A person seeking employment with an Employer, as defined below; (B) A current employee of an Employer, as defined below; (C) A self-employed person seeking employment in a Private Residence for the purpose of providing for the health, safety and well-being of an individual in that residence who is unable as a result of physical or mental capacity to provide these things for himself or herself in an adequate manner. Excluded are persons directly related to the person needing care, unless covered under some other section of this statute; (D) A current employee of an employer as defined below who DHSS has a reasonable basis to suspect has been arrested for a disqualifying crime since becoming employed. (E) A former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed time period. (2) "Criminal History" means a report from the Department of Health and Social Services regarding its review of the Applicant's entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 as amended (28 U.S.C. 534) and his or her Delaware record from the State Bureau of Identification. (3) "Background Check Center (BCC)" means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment in a nursing facility or similar facility, or Home Care Agency. (4) "Department" means the Department of Health and Social Services (DHSS). (5) "Employer" means: a home care agency as defined in this section; a management company that contracts to provide services on behalf of a home care agency; or other business entity (including but not limited to a temporary employment agency) that contracts to provide services on behalf of a home care agency. (6) "Grandfathered Employee" means an employee of an Employer who was not fingerprinted pursuant to this statute because the employment commenced before the 2001 effective date of the statute, and no requirement for fingerprinting has since applied. See (b) (1) above. (7) "Home Care Agency" includes all programs or agencies licensed pursuant to 16 Del.C. §122(3)(m), or §122(3)(o), or §122(3)(x) that provide services to individuals in their Private Residence, as defined below. (8) "Private Residence" means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual. A Private Residence does not include those healthcare facilities licensed by the Department of Health and Social Services under 16 Del.C., Chapter 11. (9) "SBI" means the State Bureau of Identification. (c) No employer is permitted to employ an Applicant for work in a private residence before getting a Criminal History. The Criminal History must be provided to the person for whom the services are to be provided, or to the person's guardian, agent for health care decisions, or surrogate upon the Applicant's commencement of work. (d) A private individual seeking to hire or employ a self-employed individual to provide services in a Private Residence may secure a Criminal History from DHSS, at the individual's expense. (e) Conditional hire.—The requirements of subsection (c) of this section may be suspended for sixty (60) days from the date of hire if the employer wishes to employ the Applicant on a conditional basis. Before an employer may offer conditional employment, the employer must receive verification that the Applicant has been fingerprinted by the SBI for purposes of the Criminal History. No Criminal History will be issued if the Applicant fails to provide information to DHSS regarding the status or disposition of an arrest within forty-five (45) days from the date of notice from DHSS of an open criminal charge. DHSS may extend the time limits for good cause shown. (f) No employer other than a private individual is permitted to employ or continue to employ a person with a conviction deemed disqualifying by DHSS regulations. (g) Any employer other than a private individual who employs an Applicant and fails to secure a Criminal History shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. An employer is also subject to this penalty if that employer conditionally employs an Applicant before receiving verification that the Applicant has been fingerprinted for purposes of the Criminal History. (h) The Criminal History provided to the employer is strictly confidential. It may be used solely to determine the suitability of an Applicant for employment or continued employment in a private residence. (i) No Applicant is permitted to be employed by an Employer other than conditionally pursuant to (e) above, until the Applicant's Employer has secured the Applicant's Criminal History. (j) Before an Applicant is permitted to be employed by an Employer, the Applicant must: (1) Provide accurate information sufficient to secure a Criminal History; (2) Execute a full release to enable the Employer to secure a Criminal History and to update the Criminal History while employed; (3) Execute a full release giving the Employer permission to provide the Criminal History to the person for whom the services are to be provided, or to the person's guardian, agent for health care decisions, or surrogate. (k) An Applicant who fails to comply with (i) or (j) is subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation. (l) All Grandfathered Employees must be fingerprinted by SBI and be registered in the BCC within 120 days from the date of BCC implementation. SBI: (1) Shall use the fingerprints to establish the Grandfathered Employee's identity and to assign an SBI identification number for the sole purpose of enabling the person's criminal record to be monitored for new arrests while employed in a private residence. (2) Shall not secure a state or federal criminal history on the Grandfathered Employee, unless the Grandfathered Employee is also an Applicant as defined in Section (b) (1) above; (3) Shall comply with Title 11 §1911. (m) No employer is permitted to continue to employ a Grandfathered Employee who has not been fingerprinted and assigned an SBI number within 120 days from the date of BCC implementation. (n) DHSS shall promulgate regulations regarding: (1) The criteria it uses to determine unsuitability for employment; (2) The policies and procedures for preparing the Criminal History which govern the frequency of criminal record review and updating; (3) The frequency with which fingerprints must be obtained; (4) The information that DHSS provides in the Criminal History about disqualifying and non-disqualifying criminal convictions; 5) The methods for notifying Applicants and employers of the results of DHSS's review, and for providing Applicants with the Criminal History; (6) The administrative review process available to a person desiring to contest adverse information; (7) Other provisions required to achieve the purpose of this Section.

1.0 Definitions--"Continuously Employed" means having worked in the same public school district or charter school for at least ninety one (91) working days in the prior school year. Substitute teachers shall be considered Continuously Employed when they have worked forty five (45) days in the prior school year in any combination of Delaware school districts or charter schools. Persons who have participated in a Student Teaching Assignment and who have fulfilled the requirements of 14 DE Admin. Code 746 shall be considered Continuously Employed if they participated for forty five (45) days in the prior school year in the school district or charter school they are seeking public school related employment. "Covered Personnel" means the following: • All final candidates for public school related employment for compensation; • All those persons who supply contracted services directly to students of a public school, or those who supply contracted services to a public school which results in regular direct access to children in or through a public school; and • All those persons who have regular direct access to children in or through an extra duty position (also called Extra Pay for Extra Responsibility (EPER position) in public schools whether the person receives compensation or not. Notwithstanding the above definition of Covered Personnel the following persons are not subject to these regulations: • Instructors in adult corrections institutions; • Instructors in adult education programs involving Apprenticeship, Trade Extension, or a vocational general interest programs, or instructors in Adult Basic Education and GED programs who do not service students under age 18; • Directly supervised professional artists sponsored by the Division of the Arts, Arts in Education Program, Very Special Arts and the Delaware Institute for the Arts in Education; and • Substitute food service workers.

2.0 Procedures for Candidates for Employment or for Persons Providing
Services Under a Contract to Obtain a Criminal Background Check

2.1 A final candidate for a Covered Personnel position, as defined in 1.0, in a public school shall be subject to the following procedures:

2.1.1 After notification by a school district or charter school that he/she is a final candidate for a Covered Personnel position, the individual shall present him/herself to State Bureau of Identification personnel at one of the Delaware State Police Troops that processes such criminal background checks or at an on site appointment arranged by the school district or charter school. School districts and charter schools at their option may require an applicant to submit a criminal background check prior to becoming a final candidate.

2.1.2 The candidate shall cooperate in all respects with this criminal background check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the State Bureau of Identification, which may be shown to prospective placing districts and charter schools as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records.

2.1.3 The candidate shall have an original of the completed criminal background check sent to one school district or charter school. An original of all information sent to the school district or charter school shall be sent by the State Bureau of Identification to the candidate.

2.1.4 As a part of the application for public school related employment or as a part of the contract for services, the candidate shall sign a Release for Criminal Background Check Information form approved by the Department of Education. The release will allow the school district or charter school that was sent the original of the completed criminal background check to do the following:

2.1.4.1 Confirm the receipt of that original and disclose its contents to the district superintendent or charter school director or district or charter school chief personnel officer of other Delaware school districts or charter schools considering the person as a candidate.

2.1.4.2 Send the original criminal background check to the placing school district or charter school if the candidate is hired or placed under contract in another Delaware school district or charter school,

2.1.4.3 Send any subsequent criminal history information to the person's employing or contracting school district(s) or charter school(s).

2.1.5 Each final candidate shall have a determination of suitability made by the school district or charter school and forwarded to him/her. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal as set forth in 5.0.

2.1.6 Final candidates for employment or entering into a contract for services may have criminal background checks from other states accepted, if all of the following conditions are met;

2.1.6.1 The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check;

2.1.6.2 The criminal background check shall be sent directly from the criminal background check agency in the other state to a Delaware school district or charter school;

2.1.6.3 A verification from the candidate's most recent employer(s) covering the previous twelve (12) months, stating that the employer knows of no offenses committed by the candidate during that time, shall be sent directly from the candidate's most recent employer(s) to the Delaware school district or charter school which was sent the original background check.

2.1.6.4 The out of state candidate shall sign a release to allow the school district or charter school receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks.

2.1.7 Except as described herein, all costs associated with obtaining a criminal background check shall be paid for by the person seeking a Covered Personnel position. School districts or charter schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia to pay such costs for persons covered by the law who work in more than one school district or charter school during the course of the school year.

3.0 Procedures for School Districts and Charter Schools for Criminal Background Checks on Candidates for Employment or for Persons Providing Services Under a Contract

3.1 School districts and charter schools shall require all persons subject to the law and these regulations to complete a release as a part of the application or contract submissions process and, if they become a final candidate for a Covered Personnel position, to initiate the criminal background check process prior to entering into the Covered Personnel position.

3.2 The school district or charter school sent the original of a completed criminal background check shall keep the information received in a confidential manner and shall:

3.2.1 If requested by another Delaware school district superintendent or charter school director or school district or charter school chief personnel officer and assured that a signed release is on file in the requesting district or charter school, confirm the receipt of that original and disclose its contents to the superintendent or director or the chief personnel officer of the requesting Delaware school district or charter school considering the person for hire;

3.2.2 If requested by another Delaware school district superintendent or charter school director or school district or charter school chief personnel officer and sent a copy of the signed release on file in the requesting district or charter school, send the original criminal background check to the requesting Delaware school district or charter school if the candidate is placed in a Covered Personnel position; and

3.2.3 If sent any subsequent criminal history information on the person hired, placed under contract or assuming an extra duty position in another district or charter school, forward such information to the school district or charter school.

3.2.4 School districts or charter schools may also share and forward the above information with the Delaware Department of Education under the same conditions applicable to school districts or charter schools. The provision shall apply only when the Department of Education is acting in its capacity as an employer, a party to a contract for services or taking on a person in an extra duty position.

3.3 The school district or charter school, in accordance with 11 Del.C. § 8571(b), (d) and (e), shall make a determination of suitability for employment on each person it requested to initiate the criminal background check process. That determination shall be communicated to the person in writing. If a determination is made to deny a candidate employment based upon the criminal history, he/she shall have an opportunity to appeal for reconsideration as set forth in 5.0.

3.4 When a candidate is finally placed in a Covered Personnel position the district or charter school shall do the following if the original of the completed criminal background check is not yet in its possession:

3.4.1 Make a written request to the school district or charter school that received the original of the completed criminal background check to forward the original copy to the placing district or charter school for placement in the employee's or contractor's file. As a part of the request, the placing district or charter school shall forward a copy of the release signed by the candidate.

3.4.2 Notify the State Bureau of Identification that the candidate has become Covered Personnel in the district or charter school and is no longer associated with the school district or charter school that received the original of the completed criminal background check.

3.5 A school district or charter school may place the candidate in a Covered Personnel position provisionally in accordance with 11 Del.C. § 8571(f); however, the school district or charter school shall require the candidate to comply with the provisions described in these regulations, including the requirement to initiate the criminal background check prior to being hired provisionally.

4.0 Length of Validity of Criminal Background Check and Exemption for "Continuous Employment"

4.1 A criminal background check obtained under these regulations shall only be valid for twelve (12) months. If a person is not Continuously Employed by a Delaware school district or charter school within that period, the district or charter school receiving the original criminal background check need not retain it beyond that time. If the person becomes Continuously Employed by a Delaware school district or charter school, the original criminal background check shall be kept on file for a minimum of five (5) years.

4.2 Each person who has been Continuously Employed in a public school district or charter school shall be exempt from the screening provisions of 11 Del.C. § 8571.

4.3 A person who transfers between Delaware public school districts or charter schools and is placed in a Covered Personnel position shall comply with 11 Del.C. § 8570, et seq., and these regulations before being hired or providing contracted services. A criminal background check performed within the previous twelve (12) months and held by another school district, charter school or out of state school, and supplied under 2.0 and 3.0 of these regulations is one means of complying with 11 Del.C. § 8570, et seq., and these regulations.

5.0 Determination of Suitability and Appeal Process

5.1 A person covered by 11 Del.C. § 8570, et seq., and these regulations, shall have the opportunity to respond to a school district or charter school regarding any criminal history information obtained prior to a determination of suitability for employment being made. See 11 Del.C. § 8571(d). Such a response shall be made within ten (10) working days of the person's receipt of the criminal background check information from the State Bureau of Identification. The determination of suitability for employment shall be made by the school district or charter school pursuant to the factors listed in 11 Del.C. § 8571(d).

5.2 The school district or charter school shall communicate the results of the determination of suitability to the person, in writing, within five (5) working days of the receipt of the person's response to the criminal history information. If a determination is made to deny a person placement in a Covered Personnel position, based upon the criminal history, the person shall have an opportunity to appeal for reconsideration as set forth in 5.3.1 through 5.3.3.

5.3 Appeal for Reconsideration

5.3.1 An appeal for reconsideration shall be initiated by a person notified that he/she is being denied or being terminated from placement in a Covered Personnel position, pursuant to 11 Del.C. § 8571, by submitting a letter of appeal to the district superintendent or charter school director within ten (10) working days of the receipt of written notice.

5.3.2 The appeal shall be reviewed by the district superintendent or charter school director and the appellant shall have the right to be heard by the district superintendent or charter school director within ten (10) working days of the receipt of the letter of appeal.

5.3.2.1 Local school districts and charter schools shall develop procedures for appeals for reconsideration. The process shall be as informal and accessible as possible, but shall allow for impartial and complete review.

5.3.3 A written decision shall be rendered by the district superintendent or charter school director within ten (10) working days of the hearing. A decision made by the district superintendent or charter school director under this appeal procedure is final, unless the district or charter school has made specific provisions for appeal to another entity within the district or charter school. The decision shall not be appealable to the State Board of Education or to the Department of Education.

6.0 Confidentiality

6.1 All information and records pertaining to criminal background checks, pursuant to 11 Del.C. § 8570, et seq., and these regulations, shall be maintained in a confidential manner including, but not limited to, the following:

6.1.1 Access to criminal background check records, and letters of reference accompanying out of state criminal background checks, and determination of suitability shall be limited to the district superintendent or charter school director and the district or charter school chief personnel office and one person designated to assist in the processing of criminal background checks, who will receive training in confidentiality, be required to sign an agreement to keep such information confidential and employ proper precautions to insure that interoffice communications remain confidential.

6.1.2 All such records shall be kept in locked, fireproof cabinets;

6.1.3 No information from such records shall be released without the signed approval of and the appropriate signed release of the candidate or person placed in a Covered Personnel position.

7.0 Penalties

The district superintendent or charter school director or the district or charter school chief personnel officer shall report to the appropriate police authorities evidence of any person who knowingly provides false, incomplete or inaccurate criminal history information or who otherwise knowingly violates the provisions of 11 Del.C. § 8571.

8.0 Subsequent Criminal History Information

8.1 Subsequent criminal history on a person in a Covered Personnel position may be sent by the State Bureau of Identification to the district superintendent or charter school director or district or charter school chief personnel office and shall be used by district or charter school in making a determination about the person's continued suitability for placement in a public school environment.

8.2 If subsequent criminal history information is mistakenly directed to a district or charter school other than the current district or charter school of Covered Personnel, the information shall be forwarded immediately to the employing district or charter school by the receiving district superintendent, charter school director or district or charter school chief personnel officer.

8.3 If a person is known to be in a Covered Personnel position in more than one district or charter school, the superintendent, director or chief personnel officer of the district or charter school receiving the subsequent criminal history information on that person shall share the information received immediately with the district superintendent, charter school director or district or charter school chief personnel officer of the other school district or charter school.

746 Criminal Background Check for Student Teaching

This regulation shall apply to candidates for a Student Teaching Assignment in a Delaware public school. Refer to 14 DE Admin. Code 745 Criminal Background Check for Public School Related Employment for the requirements and procedures related to criminal background checks for public school related employment in a Delaware public school.

1.0 Definitions

"Higher Education Institution" means the Delaware college or university that has a teacher preparation program that places candidates into Student Teaching Positions in a Delaware public school district or charter school. "Student Teaching Position" means a structured, supervised learning experience for a student in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class.

2.0 Criminal Background Check Requirements and Procedures for Student Teaching Position Candidates

2.1 Effective January 1, 2011, any candidate for a Student Teaching Position in a public school district or charter school shall be required to have a criminal background check as prescribed through this regulation.

2.2 The higher education institution where candidates for Student Teaching Positions are enrolled shall require all candidates to complete a Release for Criminal Background Check Information form approved by the Department of Education as a part of the assignment process for a Student Teaching Position in a Delaware public school district or charter school.

2.3 The candidate for a Student Teaching Position in a Delaware public school district or charter school shall be subject to the following procedures:

2.3.1 After notification by the higher education institution that he/she is a candidate for a Student Teaching Position, the candidate shall present him/herself to State Bureau of Identification personnel at one of the Delaware State Police Troops that processes such criminal background checks or at an on site appointment arranged by the higher education institution.

2.3.2 The candidate shall cooperate in all respects with this criminal background check process, or his/her application cannot be accepted. On completion of the procedure, the candidate will be given a Verification Form of Processing by the State Bureau of Identification, which may be shown to the candidate's placing higher education institution as proof that the candidate has completed the procedure. The candidate should retain the Verification Form of Processing for his/her records.

2.3.3 The candidate shall request the State Bureau of Identification send original versions of the criminal background check to both the candidate and higher education institution.

2.4 All costs associated with obtaining a criminal background check shall be paid for by the person seeking a student teaching position placement.

3.0 Procedures for Higher Education Institutions, Public School Districts and Charter Schools for the Determination of Suitability for Candidates in Student Teaching Positions.

3.1 The higher education institution where the candidate is enrolled and that was sent an original copy of the completed criminal background check shall make the initial determination for suitability for student teaching placement. The criteria for determining the suitability for student teaching placement shall be at the discretion of the higher education institution and may vary among the various higher education institutions in Delaware.

3.1.1 If a determination is made to deny a candidate placement into a student teaching position based upon the higher education institution's review of the criminal history, the higher education institution may provide for an appeal process.

3.2 Upon the initial determination for suitability for the candidate to be placed in a public school, the higher education institution liaison responsible for overseeing Student Teaching Position placements shall confirm the receipt of the original complete criminal background check and send a copy of such to the district superintendent or charter school director of the Delaware school district or charter school considering the person as a candidate for a Student Teaching Position.

3.3 Each school district and charter school shall make the final determination of suitability for placement of a candidate in a Student Teaching Position in its school.

3.3.1 Each school district and charter school shall establish the process and criteria for determining suitability for placement of a candidate in a Student Teaching Position in its school(s).

3.3.2 The criteria for determining the suitability and subsequent placement of a candidate in a student teaching position may vary among the districts and charter schools. In addition, a school district or charter school may have criteria for student teaching placement that differs from the criteria for public school employment.

3.3.3 The school district or charter school shall provide the candidate's higher education institution the decision to place or deny a candidate in a Student Teaching Position placement in writing.

3.4 Candidates for student teaching may have criminal background checks from other states accepted, if all of the following conditions are met;

3.4.1 The criminal background check shall have been conducted within the previous twelve (12) months and include a federal criminal background check;

3.4.2 The criminal background check shall be sent directly from the criminal background check agency in the other state to the higher education institution;

3.4.3 The out of state candidate shall sign a release to allow the higher education institution receiving the out of state criminal background check and the reference to confirm their receipt, disclose their contents and forward them, subject to the same disclosure regulations that apply to Delaware criminal background checks.

4.0 Procedures for Maintaining Criminal Background Check Information

4.1 All information and records pertaining to criminal background checks and this regulation shall be maintained in a confidential manner including, but not limited to, the following:

4.1.1 Access to criminal background check records, letters of reference accompanying out of state criminal background checks, and determination of suitability shall be limited to the higher education institution officer responsible for student teacher assignments and one person designated to assist in the processing of criminal background checks; and the district superintendent or charter school director and the district or charter school chief personnel officer responsible for the determination of suitability in the placing district or charter school. These persons shall be required to sign an agreement to keep such information confidential and employ proper precautions to insure that interoffice communications remain confidential;

4.1.2 All such records shall be kept in locked, fireproof cabinets;

4.1.3 No information from such records shall be released without the signed approval of and the appropriate signed release of the candidate or person placed in a Student Teaching Position.

4.2 The higher education institution may dispose of the criminal background check in a secure manner no earlier than six (6) months after the student graduates from the higher education institution.

5.0 Penalties --The higher education institution officer responsible for student teacher assignments shall report to the appropriate police authorities evidence of any person who knowingly provides false, incomplete or inaccurate criminal history information or who otherwise knowingly violates this regulation.

6.0 Subsequent Criminal History Information

6.1 Subsequent criminal history on a person in a Student Teaching Position may be sent by the State Bureau of Identification to the higher education institution.

6.2 The higher education institution where the candidate is enrolled shall be required to send any subsequent criminal history information received to the school district or charter school where the candidate is engaged in student teaching activities.

6.3 The district or charter school where the person is in a Student Teaching Position may consider any subsequent criminal history received for the person's continued suitability for the Student Teaching Position.

1012.465 Background screening requirements for certain noninstructional school district employees and contractors. — (1) Except as provided in s. 1012.467 or s. 1012.468, noninstructional school district employees or contractual personnel who are permitted access on school grounds when students are present, who have direct contact with students or who have access to or control of school funds must meet level 2 screening requirements as described in s. 1012.32. Contractual personnel shall include any vendor, individual, or entity under contract with a school or the school board. (2) Every 5 years following employment or entry into a contract in a capacity described in subsection (1), each person who is so employed or under contract with the school district must meet level 2 screening requirements as described in s. 1012.32, at which time the school district shall request the Department of Law Enforcement to forward the fingerprints to the Federal Bureau of Investigation for the level 2 screening. If, for any reason following employment or entry into a contract in a capacity described in subsection (1), the fingerprints of a person who is so employed or under contract with the school district are not retained by the Department of Law Enforcement under s. 1012.32(3)(a) and (b), the person must file a complete set of fingerprints with the district school superintendent of the employing or contracting school district. Upon submission of fingerprints for this purpose, the school district shall request the Department of Law Enforcement to forward the fingerprints to the Federal Bureau of Investigation for the level 2 screening, and the fingerprints shall be retained by the Department of Law Enforcement under s. 1012.32(3)(a) and (b). The cost of the state and federal criminal history check required by level 2 screening may be borne by the district school board, the contractor, or the person fingerprinted. Under penalty of perjury, each person who is employed or under contract in a capacity described in subsection (1) must agree to inform his or her employer or the party with whom he or she is under contract within 48 hours if convicted of any disqualifying offense while he or she is employed or under contract in that capacity. (3) If it is found that a person who is employed or under contract in a capacity described in subsection (1) does not meet the level 2 requirements, the person shall be immediately suspended from working in that capacity and shall remain suspended until final resolution of any appeals.

1012.467 Noninstructional contractors who are permitted access to school grounds when students are present; background screening requirements. —**Update Notice: This section has been amended by 2010-154. (1) As used in this section, the term: (a) "Noninstructional contractor" means any vendor, individual, or entity under contract with a school or with the school board who receives remuneration for services performed for the school district or a school, but who is not otherwise considered an employee of the school district. The term also includes any employee of a contractor who performs services for the school district or school under the contract and any subcontractor and its employees. (b) "Convicted" has the same meaning as in s. 943.0435. (c) "School grounds" means the buildings and grounds of any public prekindergarten, kindergarten, elementary school, middle school, junior high school, high school, or secondary school, or any combination of grades prekindergarten through grade 12, together with the school district land on which the buildings are located. The term does not include: 1. Any other facility or location where school classes or activities may be located or take place; 2. The buildings and grounds of any public prekindergarten, kindergarten, elementary school, middle school, junior high school, high school, or secondary school, or any combination of grades prekindergarten through grade 12, or contiguous school district land, during any time period in which students are not permitted access; or 3. Any building described in this paragraph during any period in which it is used solely as a career or technical center under part IV of chapter 1004 for postsecondary or adult education. (2)(a) A fingerprint-based criminal history check shall be performed on each noninstructional contractor who is permitted access to school grounds when students are present, whose performance of the contract with the school or school board is not anticipated to result in direct contact with students, and for whom any unanticipated contact would be infrequent and incidental. Criminal history checks shall be performed at least once every 5 years. For the initial criminal history check, each noninstructional contractor who is subject to the criminal history check shall file with the Department of Law Enforcement a complete set of fingerprints taken by an authorized law enforcement agency or an employee of a school district, a public school, or a private company who is trained to take fingerprints. The fingerprints shall be electronically submitted for state processing to the Department of Law Enforcement, which shall in turn submit the fingerprints to the Federal Bureau of Investigation for national processing. The results of each criminal history check shall be reported to the school district in which the individual is seeking access and entered into the shared system described in subsection (7). The school district shall screen the results using the disqualifying offenses in paragraph (g). The cost of the criminal history check may be borne by the district school board, the school, or the contractor. A fee that is charged by a district school board for such checks may not exceed 30 percent of the total amount charged by the Department of Law Enforcement and the Federal Bureau of Investigation. (b) As authorized by law, the Department of Law Enforcement shall retain the fingerprints submitted by the school districts pursuant to this subsection to the Department of Law Enforcement for a criminal history background screening in a manner provided by rule and enter the fingerprints in the statewide automated fingerprint identification system authorized by s. 943.05(2)(b). The fingerprints shall thereafter be available for all purposes and uses authorized for arrest fingerprint cards entered into the statewide automated fingerprint identification system under s. 943.051. (c) As authorized by law, the Department of Law Enforcement shall search all arrest fingerprint cards received under s. 943.051 against the fingerprints retained in the statewide automated fingerprint identification system under paragraph (b). (d) School districts may participate in the search process described in this subsection by paying an annual fee to the Department of Law Enforcement. (e) A fingerprint retained pursuant to this subsection shall be purged from the automated fingerprint identification system 5 years following the date the fingerprint was initially submitted. The Department of Law Enforcement shall set the amount of the annual fee to be imposed upon each participating agency for performing these searches and establishing the procedures for retaining fingerprints and disseminating search results. The fee may be borne as provided by law. Fees may be waived or reduced by the executive director of the Department of Law Enforcement for good cause shown. (f) A noninstructional contractor who is subject to a criminal history check under this section shall inform a school district that he or she has completed a criminal history check in another school district within the last 5 years. The school district shall verify the results of the contractor's criminal history check using the shared system described in subsection (7). The school district may not charge the contractor a fee for verifying the results of his or her criminal history check. (g) A noninstructional contractor for whom a criminal history check is required under this section may not have been convicted of any of the following offenses designated in the Florida Statutes, any similar offense in another jurisdiction, or any similar offense committed in this state which has been redesignated from a former provision of the Florida Statutes to one of the following offenses: 1. Any offense listed in s. 943.0435(1)(a)1., relating to the registration of an individual as a sexual offender. 2. Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and the reporting of such sexual misconduct. 3. Section 394.4593, relating to sexual misconduct with certain mental health patients and the reporting of such sexual misconduct. 4. Section 775.30, relating to terrorism. 5. Section 782.04, relating to murder. 6. Section 787.01, relating to kidnapping. 7. Any offense under chapter 800, relating to lewdness and indecent exposure. 8. Section 826.04, relating to incest. 9. Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child. (3) If it is found that a noninstructional contractor has been convicted of any of the offenses listed in paragraph (2)(g), the individual shall be immediately suspended from having access to school grounds and shall remain suspended unless and until the conviction is set naside in any postconviction proceeding. (4) A noninstructional contractor who has been convicted of any of the offenses listed in paragraph (2)(g) may not be permitted on school grounds when students are present unless the contractor has received a full pardon or has had his or her civil rights restored. A noninstructional contractor who is present on school grounds in violation of this subsection commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (5) If a school district has reasonable cause to believe that grounds exist for the denial of a contractor's access to school grounds when students are present, it shall notify the contractor in writing, stating the specific record that indicates noncompliance with the standards set forth in this section. It is the responsibility of the affected contractor to contest his or her denial. The only basis for contesting the denial is proof of mistaken identity or that an offense from another jurisdiction is not disqualifying under paragraph (2)(g). (6) Each contractor who is subject to the requirements of this section shall agree to inform his or her employer or the party to whom he or she is under contract and the school district within 48 hours if he or she isarrested for any of the disqualifying offenses in paragraph (2)(g). A contractor who willfully fails to comply with this subsection commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. If the employer of a contractor or the party to whom the contractor is under contract knows the contractor has been arrested for any of the disqualifying offenses in paragraph (2)(g) and authorizes the contractor to be present on school grounds when students are present, such employer or such party commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (7)(a) The Department of Law Enforcement shall implement a system that allows for the results of a criminal history check provided to a school district to be shared with other school districts through a secure Internet website or other secure electronic means. The Department of Law Enforcement may adopt rules under ss. 120.536(1) and 120.54 to implement this paragraph. (b) An employee of a school district, a charter school, a lab school, a charter lab school, or the Florida School for the Deaf and the Blind who requests or shares criminal history information under this section is immune from civil or criminal liability for any good faith conduct that occurs during the performance of and within the scope of responsibilities related to the record check.

6A-3.0141 Employment of School Bus Operators.--(1) School bus operators are defined as any persons employed or contracted to the school district to transport prekindergarten through grade 12 students in school buses as defined in Section 1006.25, F.S. (2) At the time of initial employment the school board shall assure that the operator of a school bus meets the following requirements: (a) Has five years of licensed driving experience. (b) Has submitted to the superintendent a written application for employment in a form prescribed by the school board. (c) Has filed a set of fingerprints for the purpose of the required background check for determining criminal record. (3) Form ESE 479, Florida School Bus Operators Medical Examination Report for Commercial Driver Fitness Determination is hereby incorporated by reference and made a part of this rule to become effective November 2006. This form may be obtained from the Director of the School Transportation Management Section or the Bureau of Education Information and Accountability Services, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399. (4) Prior to transporting students on a school bus each operator shall meet the following requirements: (a) Hold a valid commercial driver license with a passenger endorsement and a school bus endorsement. (b) Successfully complete forty (40) hours of preservice training consisting of at least 20 hours of classroom instruction and eight hours of behind-the-wheel training based upon the Department's Basic School Bus Operator Curriculum, Revised 2006, which is hereby incorporated by reference and made a part of this rule. This document may be obtained from the Bureau of Career Development, Department of Education, The Florida Education Center, Tallahassee, Florida 32399, at a cost not to exceed actual production and distribution costs. (c) Demonstrate the ability to prepare required written reports. (d) Be physically capable of operating the vehicle as determined by physical examination, Form ESE 479, prescribed by the Commissioner and given by a physician designated by the school board and as determined by a dexterity test administered by the school district. (e) Demonstrate physical and mental capabilities required to carry out all assigned responsibilities as a school bus operator. (5) A certification of training provided by the Commissioner shall be issued by the district to each operator successfully completing the forty (40) hours of preservice training. (6) Each district school board shall obtain a driver's history record from the Department of Highway Safety and Motor Vehicles for each regular school bus operator, substitute operator, or any other individual certified to drive a school bus by the district. The schedule for reviewing these records shall be: (a) Prior to initial employment; (b) Prior to the first day of the fall semester. (c) Thereafter, the district shall continuously screen operator records using the automated weekly updates, ensuring proper retrieval documentation for every week. (7) Driver history records shall be requested in a manner prescribed by the Department of Highway Safety and Motor Vehicles using the Automated School Bus Driver's License Record Check System through the Department's data base. All school districts shall obtain and review records for school bus operators using the automated data base system. For any operator licensed in another state, the district shall obtain and review the driver's history record from the appropriate state. (8) Each school district shall establish a school board policy that specifies which infractions of the traffic code deem an applicant unqualified for hire and which causes any employee to be subject to a prescribed follow-up action. At a minimum, this policy shall state that any district school bus operator or contracted operator who should have known that his or her license has expired or has been suspended or revoked shall be subject to prescribed disciplinary measures up to and including dismissal by the school board. (9) At least annually, the school district shall assure that the operator of a school bus meets the following requirements: (a) The requirements of paragraph (4)(a) of this rule. (b) Successfully complete a minimum of eight hours of inservice training related to the operator's responsibilities for transporting students. (c) Successfully pass a dexterity test administered by the school district and maintain a valid Medical Examiners Certificate. (10) At the time of reemployment, the school board shall assure that each school bus operator meets all of the requirements of subsections (2) and (3) and paragraph (4)(a) of this rule. If not more than a 12 continuous calendar month break in service has occurred, an operator shall be required to complete eight hours of inservice training related to their responsibilities for transporting students prior to driving a school bus with students. If a period exceeding 12 calendar months has occurred, the operator shall be required to successfully complete all of the requirements of subsections (2) through (5) of this rule. (11) All school bus operators shall be subject to the Federal requirements of 49 C.F.R. Parts 382 and 391 related to the substance abuse testing and alcohol detection program.

20-2-211. (a) All teachers, principals, other certificated professional.--(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing, and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board. (b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year; provided, however, that for school year 2009-2010 only, each local governing board shall have until May 15, 2009, to tender such new contracts or provide such written notice. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, or by May 15, 2009, for school year 2009-2010 only, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1, or by June 1, 2009, for school year 2009-2010 only. (c) Any other provisions of this article or any other laws to the contrary notwithstanding, no local governing board shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned. (d) Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and mprocedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system. A local board of education may also announce such positions to colleges and universities in other states. (e)(1) All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection. The local unit of administration shall have the authority to employ a person holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in employment in the local unit of administration. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection. (3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission. (4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given. (5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations. (6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection.

302C-1 . Employees of private schools; criminal history record checks.--(a) Private schools shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or are seeking employment in positions that place them in close proximity to children. These procedures shall include criminal history record checks in accordance with section 846-2.7. The private school and designated organization shall establish safeguards and procedures to protect against inadvertent or inappropriate disclosure of information obtained under this section. The fee charged by the Hawaii criminal justice data center to perform criminal history record checks may be passed on to the applicant for employment by the private school or designated organization. (b) Information obtained pursuant to this section shall be used exclusively by the private school or designated organization for the purpose of determining whether a person is suitable for working in close proximity to children. All decisions shall be subject to federal laws and regulations currently or hereafter in effect. (c) Private schools may refuse to employ or may terminate the employment of an employee or applicant for employment if the person has been convicted of an offense for which incarceration is a sentencing option, and if the private school finds by reason of the nature and circumstances of the crime that the person poses a risk to the health, safety, or well-being of children. Refusal or termination may occur only after appropriate investigation, notification to the employee or applicant for employment of results and planned action, and after the employee or applicant for employment is given an opportunity to meet and rebut the finding. (d) The State, the Hawaii criminal justice data center, and their respective officers and employees, shall be immune from civil liability for any official act, decision, or omission performed pursuant to this section that is not the result of gross negligence or willful misconduct. The State, the Hawaii criminal justice data center, and their respective officers and employees shall be immune from civil liability for any act, decision, omission to act or decide, or use of the information by any private school or designated organization authorized to receive or who receives information pursuant to this section. (e) This section shall not be used by private schools to secure criminal history record checks on persons who have been employed continuously by the private school on a salaried basis prior to July 1, 2000. (f) As used in this section: "Designated organization" means a private organization that receives criminal history record check information from the Hawaii criminal justice data center on behalf of private schools.

302A-601.5 Employees of the department of education and teacher trainees in any public school; criminal history record checks.--(a) The department of education, including the Hawaii state public library system, shall develop procedures for obtaining verifiable information regarding the criminal history of persons who are employed or seeking employment in any position, including teacher trainees, that places them in close proximity to children. These procedures shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the employer or prospective employer for the purpose of determining whether a person is suitable for working in close proximity to children. All such decisions shall be subject to applicable federal laws and regulations currently or hereafter in effect. (b) The employer or prospective employer may refuse to employ, and may: (1) Refuse to issue a teaching or other educational certificate; (2) Revoke the teaching or other educational certificate; (3) Refuse to allow or continue to allow teacher training; or (4) Terminate the employment of any employee or deny employment to an Applicant, if the person has been convicted of a crime, and if the employer or prospective employer finds by reason of the nature and circumstances of the crime that the person poses a risk to the health, safety, or well-being of children. Refusal, revocation, or termination may occur only after appropriate investigation and notification to the employee or applicant for employment of results and planned action, and after the employee or applicant for employment is given an opportunity to meet and rebut the finding. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 or 89, or administrative regulation of the department of education. (c) This section shall not be used by the department to secure criminal history record checks on persons who have been employed continuously by the department, including the state public library system, on a salaried basis prior to July 1, 1990. (d) Notwithstanding any other law to the contrary, for purposes of this section, the department of education, including the Hawaii state public library system, shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91.

33-130A. Criminal history checks for private or parochial school employees or contractors. — If requested by the principal or governing board of a private or parochial school, the department of education, through the cooperation of the department of law enforcement [Idaho state police], shall establish a system to obtain a criminal history check on employees of the school or persons entering into contracts with the school. The criminal history check and fees shall be as provided in section 33-130, Idaho Code.

33-130. Criminal history checks for school district employees or applicants for certificates or individuals having contact with students — Statewide list of substitute teachers. — The department of education, through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals to include, but is not limited to, certificated and noncertificated employees, all applicants for certificates pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals involved in other types of student training such as practicums and internships, and on all individuals who have unsupervised contact with students in a K-12 setting. The criminal history check shall be based on a completed ten (10) finger fingerprint card or scan and shall include, at a minimum, the following state and national databases: (1) Idaho bureau of criminal identification; (2) Federal bureau of investigation (FBI) criminal history check; and (3) Statewide sex offender register. The state department of education shall charge all such individuals a fee of forty dollars ($40.00) for undergoing a criminal history check pursuant to this section. The fee shall be sufficient to cover costs charged by the federal bureau of investigation, the state police and the state department of education. A record of all background checks shall be maintained at the state department of education in a data bank for all employees of a school district with a copy going to the applicant upon request. The state department of education shall maintain a statewide list of substitute teachers. The term "substitute teacher" shall have the meaning as provided in section 33-512(15), Idaho Code. The Idaho state police and the department of education shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.

33-512. Governance of schools. — The board of trustees of each school district shall have the following powers and duties: (1) To fix the days of the year and the hours of the day when schools shall be in session. However: (a) Each school district shall annually adopt and implement a school calendar which provides its students at each grade level with the following minimum number of instructional hours:

Grades	Hours
9-12	990
4-8	900
1-3	810
K	450

(b) School assemblies, testing and other instructionally related activities involving students directly may be included in the required instructional hours. (c) When approved by a local school board, annual instructional hour requirements stated in paragraph (a) may be reduced as follows: (i) Up to a total of twenty-two (22) hours to accommodate staff development activities conducted on such days as the local school board deems appropriate. (ii) Up to a total of eleven (11) hours of emergency school closures due to adverse weather conditions and facility failures. However, transportation to and from school, passing times between classes, recess and lunch periods shall not be included. (d) Student and staff activities related to the opening and closing of the school year, grade reporting, program planning, staff meetings, and other classroom and building management activities shall not be counted as instructional time or in the reductions provided in paragraph (c)(i) of this section. (e) For multiple shift programs, this rule applies to each shift (i.e., each student must have access to the minimum annual required hours of instructions). (f) The instructional time requirement for grade 12 students may be reduced by action of a local school board for an amount of time not to exceed eleven (11) hours of instructional time. (g) The state superintendent of public instruction may grant an exemption from the provisions of this section for an individual building within a district, when the closure of that building, for unforeseen circumstances, does not affect the attendance of other buildings within the district. (2) To adopt and carry on, and provide for the financing of, a total educational program for the district. Such programs in other than elementary school districts may include education programs for out-of-school youth and adults; and such districts may provide classes in kindergarten; (3) To provide, or require pupils to be provided with, suitable textbooks and supplies, and for advice on textbook selections may appoint a textbook [curricular materials] adoption committee as provided in section 33-512A, Idaho Code; (4) To protect the morals and health of the pupils; (5) To exclude from school, children not of school age; (6) To prescribe rules for the disciplining of unruly or insubordinate pupils, including rules on student harassment, intimidation and bullying, such rules to be included in a district discipline code adopted by the board of trustees and a summarized version thereof to be provided in writing at the beginning of each school year to the teachers and students in the district in a manner consistent with the student's age, grade and level of academic achievement; (7) To exclude from school, pupils with contagious or infectious diseases who are diagnosed or suspected as having a contagious or infectious disease or those who are not immune and have been exposed to a contagious or infectious disease; and to close school on order of the state board of health and welfare or local health authorities; (8) To equip and maintain a suitable library or libraries in the school or schools and to exclude therefrom, and from the schools, all books, tracts, papers, and catechisms of sectarian nature; (9) To determine school holidays. Any listing of school holidays shall include not less than the following: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 73-108, Idaho Code, if the same shall fall on a school day, shall be observed with appropriate ceremonies; and any days the state board of education may designate, following the proclamation by the governor, shall be school holidays; (10) To erect and maintain on each schoolhouse or school grounds a suitable flagstaff or flagpole, and display thereon the flag of the United States of America on all days, except during inclement weather, when the school is in session; and for each Veterans Day, each school in session shall conduct and observe an appropriate program of at least one (1) class period remembering and honoring American veterans; (11) To prohibit entrance to each schoolhouse or school grounds, to prohibit loitering in schoolhouses or on school grounds and to provide for the removal from each schoolhouse or school grounds of any individual or individuals who disrupt the educational processes or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils. A person who disrupts the educational process or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils or who loiters in schoolhouses or on school grounds, is guilty of a misdemeanor. (12) To supervise and regulate, including by contract with established entities, those extracurricular activities which are by definition outside of or in addition to the regular academic courses or curriculum of a public school, and which extracurricular activities shall not be considered to be a property, liberty or contract right of any student, and such extracurricular activities shall not be deemed a necessary element of a public school education, but shall be considered to be a privilege. (13) To govern the school district in compliance with state law and rules of the state board of education. (14) To submit to the superintendent of public instruction not later than July 1 of each year documentation which meets the reporting requirements of the federal gun-free schools act of 1994 as contained within the federal improving America's schools act of 1994. (15) To require that all certificated and noncertificated employees hired on or after July 1, 2008, and other individuals who are required by the provisions of section 33-130, Idaho Code, to undergo a criminal history check shall submit a completed ten (10) finger fingerprint card or scan to the department of education no later than five (5) days following the first day of employment or unsupervised contact with students in a K-12 setting, whichever is sooner. Such employees and other individuals shall pay the cost of the criminal history check. If the criminal history check shows that the employee has been convicted of a felony crime enumerated in section 33-1208, Idaho Code, it shall be grounds for immediate termination, dismissal or other personnel action of the district, except that it shall be the right of the school district to evaluate whether an individual convicted of one (1) of these crimes and having been incarcerated for that crime shall be hired. Provided however, that any individual convicted of any felony offense listed in section 33-1208 2., Idaho Code, shall not be hired. For the purposes of criminal history checks, a substitute teacher is any individual who temporarily replaces a certificated classroom educator and is paid a substitute teacher wage for one (1) day or more during a school year. A substitute teacher who has undergone a criminal history check at the request of one (1) district in which he has been employed as a substitute shall not be required to undergo an additional criminal history check at the request of any other district in which he is employed as a substitute if the teacher has obtained a criminal history check within the previous five (5) years. If the district next employing the substitute still elects to require another criminal history check within the five (5) year period, that district shall pay the cost of the criminal history check or reimburse the substitute teacher for such cost. To remain on the statewide substitute teacher list maintained by the state department of education, the substitute teacher shall undergo a criminal history check every five (5) years. (16) To maintain a safe environment for students by developing a system that cross-checks all contractors or other persons who have irregular contact with students against the statewide sex offender register. (17) To provide support for teachers in their first two (2) years in the profession in the areas of: administrative and supervisory support, mentoring, peer assistance and professional development.

33-1202. Eligibility for certificate. — Each applicant for a certificate must: 1. Have attained the age of eighteen (18) years; 2. Have completed specific minimum requirements in college training as specified in rules of the state board of education; 3. Be free from contagious disease; but if at any time there is probable cause to believe that any such employee of the district is so afflicted, the board shall cause examination to be made by a licensed physician, and may exclude the employee from service without loss of pay pending determination whether so afflicted. 4. Have on file with the state department of education the results of a criminal history check pursuant to section 33-130, Idaho Code. If an applicant is found to have been convicted of any of the felony crimes enumerated in section 33-1208, Idaho Code, a certificate shall not be issued to the applicant. The state board of education may refuse to issue or authorize a certificate to any applicant for such reason as would have constituted grounds for revoking a certificate.

33-5210. Application of school law — Accountability — Exemption from state rules. —(1) All public charter schools are under the general supervision of the state board of education. (2) Every authorized chartering entity that approves a charter shall be responsible for ensuring that each public charter school program approved by that authorized chartering entity meets the terms of the charter, complies with the general education laws of the state unless specifically directed otherwise in this chapter 52, title 33, Idaho Code, and operates in accordance with the state educational standards of thoroughness as denned in section 33-1612, Idaho Code. (3) Each charter school shall comply with the financial reporting requirements of section 33-701, subsections 5. through 10., Idaho Code, in the same manner as those requirements are imposed upon school districts. (4) Each public charter school is otherwise exempt from rules governing school districts which have been promulgated by the state board of education, with the exception of state rules relating to: (a) Waiver of teacher certification as necessitated by the provisions of section 33-5205(3)(g), Idaho Code; (b) Accreditation of the school as necessitated by the provisions of section 33-5205(3)(e), Idaho Code; (c) Qualifications of a student for attendance at an alternative school as necessitated by the provisions of section 33-5208(3), Idaho Code; (d) The requirement that all employees of the school undergo a criminal history check as required by section 33-130, Idaho Code; and (e) All rules which specifically pertain to public charter schools promulgated by the state board of education.

Public Act 098-0164

20 ILCS 2630/5.2) Sec. 5.2. Expungement and sealing. (a) General Provisions. (1) Definitions. In this Act, words and phrases have the meanings set forth in this subsection, except when a particular context clearly requires a different meaning. (A) The following terms shall have the meanings ascribed to them in the Unified Code of Corrections, 730 ILCS 5/5-1-2 through 5/5-1-22: (i) Business Offense (730 ILCS 5/5-1-2), (ii) Charge (730 ILCS 5/5-1-3), (iii) Court (730 ILCS 5/5-1-6), (iv) Defendant (730 ILCS 5/5-1-7), (v) Felony (730 ILCS 5/5-1-9), (vi) Imprisonment (730 ILCS 5/5-1-10), (vii) Judgment (730 ILCS 5/5-1-12), (viii) Misdemeanor (730 ILCS 5/5-1-14), (ix) Offense (730 ILCS 5/5-1-15), (x) Parole (730 ILCS 5/5-1-16), (xi) Petty Offense (730 ILCS 5/5-1-17), (xii) Probation (730 ILCS 5/5-1-18), (xiii) Sentence (730 ILCS 5/5-1-19), (xiv) Supervision (730 ILCS 5/5-1-21), and (xv) Victim (730 ILCS 5/5-1-22). (B) As used in this Section, "charge not initiated by arrest" means a charge (as defined by 730 ILCS 5/5-1-3) brought against a defendant where the defendant is not arrested prior to or as a direct result of the charge. (C) "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury. An order of supervision successfully completed by the petitioner is not a conviction. An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction. An order of supervision or an order of qualified probation that is terminated unsatisfactorily is a conviction, unless the unsatisfactory termination is reversed, vacated, or modified and the judgment of conviction, if any, is reversed or vacated. (D) "Criminal offense" means a petty offense, business offense, misdemeanor, felony, or municipal ordinance violation (as defined in subsection (a)(1)(H)). As used in this Section, a minor traffic offense (as defined in subsection (a)(1)(G)) shall not be considered a criminal offense. (E) "Expunge" means to physically destroy the records or return them to the petitioner and to obliterate the petitioner's name from any official index or public record, or both. Nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded as required by subsections (d)(9)(A)(ii) and (d)(9)(B)(ii). (F) As used in this Section, "last sentence" means the sentence, order of supervision, or order of qualified probation (as defined by subsection (a)(1)(J)), for a criminal offense (as defined by subsection (a)(1)(D)) that terminates last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition. If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regardless of whether they were ordered to run concurrently. (G) "Minor traffic offense" means a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance. (H) "Municipal ordinance violation" means an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging. (I) "Petitioner" means an adult or a minor prosecuted as an adult who has applied for relief under this Section. (J) "Qualified probation" means an order of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as those provisions existed before their deletion by Public Act 89-313), Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act. For the purpose of this Section, "successful completion" of an order of qualified probation under Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act and Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act means that the probation was terminated satisfactorily and the judgment of conviction was vacated. (K) "Seal" means to physically and electronically maintain the records, unless the records would otherwise be destroyed due to age, but to make the records unavailable without a court order, subject to the exceptions in Sections 12 and 13 of this Act. The petitioner's name shall also be obliterated from the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but any index issued by the circuit court clerk before the entry of the order to seal shall not be affected. (L) "Sexual offense committed against a minor" includes but is not limited to the offenses of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age. (M) "Terminate" as it relates to a sentence or order of supervision or qualified probation includes either satisfactory or unsatisfactory termination of the sentence, unless otherwise specified in this Section. (2) Minor Traffic Offenses. Orders of supervision or convictions for minor traffic offenses shall not affect a petitioner's eligibility to expunge or seal records pursuant to this Section. (3) Exclusions. Except as otherwise provided in subsections (b)(5), (b)(6), (e), and (e-5) of this Section, the court shall not order: (A) the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of: (i) any sexual offense committed against a minor; (ii) Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance; or (iii) Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance. (B) the sealing or expungement of records of minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging. (C) the sealing of the records of arrests or charges not initiated by arrest which result in an order of supervision, an order of qualified probation (as defined in subsection (a)(1)(J)), or a conviction for the following offenses: (i) offenses included in Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a local ordinance, except Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance; (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 26-5, or 48-1 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance; (iii) offenses defined as "crimes of violence" in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance; (iv) offenses which are Class A misdemeanors under the Humane Care for Animals Act; or (v) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act. (D) the sealing of the records of an arrest which results in the petitioner being charged with a felony offense or records of a charge not initiated by arrest for a felony offense unless: (i) the charge is amended to a misdemeanor and is otherwise eligible to be sealed pursuant to subsection (c); (ii) the charge is brought along with another charge as a part of one case and the charge results in acquittal, dismissal, or conviction when the conviction was reversed or vacated, and another charge brought in the same case results in a disposition for a misdemeanor offense that is eligible to be sealed pursuant to subsection (c) or a disposition listed in paragraph (i), (iii), or (iv) of this subsection; (iii) the charge results in first offender probation as set forth in subsection (c)(2)(E); (iv) the charge is for a Class 4 felony offense listed in subsection (c)(2)(F) or the charge is amended to a Class 4 felony offense listed in subsection (c)(2)(F). Records of arrests which result in the petitioner being charged with a Class 4 felony offense listed in subsection (c)(2)(F), records of charges not initiated by arrest for Class 4 felony offenses listed in subsection (c)(2)(F), and records of charges amended to a Class 4 felony offense listed in (c)(2)(F) may be sealed, regardless of the disposition, subject to any waiting periods set forth in subsection (c)(3); (v) the charge results in acquittal, dismissal, or the petitioner's release without conviction; or (vi) the charge results in a conviction, but the conviction was reversed or vacated. (b) Expungement. (1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when: (A) He or she has never been convicted of a criminal offense; and (B) Each arrest or charge not initiated by arrest sought to be expunged resulted in: (i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B); (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B); (iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner. (2) Time frame for filing a petition to expunge. (A) When the arrest or charge not initiated by arrest sought to be expunged resulted in an acquittal, dismissal, the petitioner's release without charging, or the reversal or vacation of a conviction, there is no waiting period to petition for the expungement of such records. (B) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of supervision, successfully completed by the petitioner, the following time frames will apply: (i) Those arrests or charges that resulted in orders of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or under Section 11-1.50, 12-3.2, or 12-15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a local ordinance, shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the supervision. (i-5) Those arrests or charges that resulted in orders of supervision for a misdemeanor violation of subsection (a) of Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not be eligible for expungement until the petitioner has reached the age of 25 years. (ii) Those arrests or charges that resulted in orders of supervision for any other offenses shall not be eligible for expungement until 2 years have passed following the satisfactory termination of the supervision. (C) When the arrest or charge not initiated by arrest sought to be expunged resulted in an order of qualified probation, successfully completed by the petitioner, such records shall not be eligible for expungement until 5 years have passed following the satisfactory termination of the probation. (3) Those records maintained by the Department for persons arrested prior to their 17th birthday shall be expunged as provided in Section 5-915 of the Juvenile Court Act of 1987. (4) Whenever a person has been arrested for or convicted of any offense, in the name of a person whose identity he or she has stolen or otherwise come into possession of, the aggrieved person from whom the identity was stolen or otherwise obtained without authorization, upon learning of the person having been arrested using his or her identity, may, upon verified petition to the chief judge of the circuit wherein the arrest was made, have a court order entered nunc pro tunc by the Chief Judge to correct the arrest record, conviction record, if any, and all official records of the arresting authority, the Department, other criminal justice agencies, the prosecutor, and the trial court concerning such arrest, if any, by removing his or her name from all such records in connection with the arrest and conviction, if any, and by inserting in the records the name of the offender, if known or ascertainable, in lieu of the aggrieved's name. The records of the circuit court clerk shall be sealed until further order of the court upon good cause shown and the name of the aggrieved person obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Nothing in this Section shall limit the Department of State Police or other criminal justice agencies or prosecutors from listing under an offender's name the false names he or she has used. (5) Whenever a person has been convicted of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse, the victim of that offense may request that the State's Attorney of the county in which the conviction occurred file a verified petition with the presiding trial judge at the petitioner's trial to have a court order entered to seal the records of the circuit court clerk in connection with the proceedings of the trial court concerning that offense. However, the records of the arresting authority and the Department of State Police concerning the offense shall not be sealed. The court, upon good cause shown, shall make the records of the circuit court clerk in connection with the proceedings of the trial court concerning the offense available for public inspection. (6) If a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court shall enter an expungement order as provided in subsection (b) of Section 5-5-4 of the Unified Code of Corrections. (7) Nothing in this Section shall prevent the Department of State Police from maintaining all records of any person who is admitted to probation upon terms and conditions and who fulfills those terms and conditions pursuant to Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, or Section 10 of the Steroid Control Act. (c) Sealing. (1) Applicability. Notwithstanding any other provision of this Act to the contrary, and cumulative with any rights to expungement of criminal records, this subsection authorizes the sealing of criminal records of adults and of minors prosecuted as adults. (2) Eligible Records. The following records may be sealed: (A) All arrests resulting in release without charging;(B) Arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, except as excluded by subsection (a)(3)(B); (C) Arrests or charges not initiated by arrest resulting in orders of supervision successfully completed by the petitioner, unless excluded by subsection (a)(3); (D) Arrests or charges not initiated by arrest resulting in convictions unless excluded by subsection (a)(3); (E) Arrests or charges not initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, or Section 5-6-3.3 of the Unified Code of Corrections; and (F) Arrests or charges not initiated by arrest resulting in Class 4 felony convictions for the following offenses: (i) Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) Section 4 of the Cannabis Control Act;(iii) Section 402 of the Illinois Controlled Substances Act; (iv) the Methamphetamine Precursor Control Act; and (v) the Steroid Control Act. (3) When Records Are Eligible to Be Sealed. Records identified as eligible under subsection (c)(2) may be sealed as follows: (A) Records identified as eligible under subsection (c)(2)(A) and (c)(2)(B) may be sealed at any time. (B) Records identified as eligible under subsection (c)(2)(C) may be sealed (i) 3 years after the termination of petitioner's last sentence (as defined in subsection (a)(1)(F)) if the petitioner has never been convicted of a criminal offense (as defined in subsection (a)(1)(D)); or (ii) 4 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)) if the petitioner has ever been convicted of a criminal offense (as defined in subsection (a)(1)(D)). (C) Records identified as eligible under subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be sealed 4 years after the termination of the petitioner's last sentence (as defined in subsection (a)(1)(F)). (D) Records identified in subsection (a)(3)(A)(iii) may be sealed after the petitioner has reached the age of 25 years. (4) Subsequent felony convictions. A person may not have subsequent felony conviction records sealed as provided in this subsection (c) if he or she is convicted of any felony offense after the date of the sealing of prior felony convictions as provided in this subsection (c). The court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court. (5) Notice of eligibility for sealing. Upon entry of a disposition for an eligible record under this subsection (c), the petitioner shall be informed by the court of the right to have the records sealed and the procedures for the sealing of the records. (d) Procedure. The following procedures apply to expungement under subsections (b) and (e), and sealing under subsections (c) and (e-5): (1) Filing the petition. Upon becoming eligible to petition for the expungement or sealing of records under this Section, the petitioner shall file a petition requesting the expungement or sealing of records with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred or charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. The petitioner shall pay the applicable fee, if not waived. (2) Contents of petition. The petition shall be verified and shall contain the petitioner's name, date of birth, current address and, for each arrest or charge not initiated by arrest sought to be sealed or expunged, the case number, the date of arrest (if any), the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the petitioner shall promptly notify the circuit court clerk of any change of his or her address. If the petitioner has received a certificate of eligibility for sealing from the Prisoner Review Board under paragraph (10) of subsection (a) of Section 3-3-2 of the Unified Code of Corrections, the certificate shall be attached to the petition. (3) Drug test. The petitioner must attach to the petition proof that the petitioner has passed a test taken within 30 days before the filing of the petition showing the absence within his or her body of all illegal substances as defined by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, and the Cannabis Control Act if he or she is petitioning to seal felony records pursuant to clause (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is petitioning to expunge felony records of a qualified probation pursuant to clause (b)(1)(B)(iv).(4) Service of petition. The circuit court clerk shall promptly serve a copy of the petition on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest. (5) Objections.(A) Any party entitled to notice of the petition may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, and shall state with specificity the basis of the objection. (B) Objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition. (6) Entry of order. (A) The Chief Judge of the circuit wherein the charge was brought, any judge of that circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, if any, shall rule on the petition to expunge or seal as set forth in this subsection (d)(6). (B) Unless the State's Attorney or prosecutor, the Department of State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition. (7) Hearings. If an objection is filed, the court shall set a date for a hearing and notify the petitioner and all parties entitled to notice of the petition of the hearing date at least 30 days prior to the hearing, and shall hear evidence on whether the petition should or should not be granted, and shall grant or deny the petition to expunge or seal the records based on the evidence presented at the hearing. (8) Service of order. After entering an order to expunge or seal records, the court must provide copies of the order to the Department, in a form and manner prescribed by the Department, to the petitioner, to the State's Attorney or prosecutor charged with the duty of prosecuting the offense, to the arresting agency, to the chief legal officer of the unit of local government effecting the arrest, and to such other criminal justice agencies as may be ordered by the court. (9) Effect of order.(A) Upon entry of an order to expunge records pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: (i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency, the Department, and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section; (ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order; and (iii) in response to an inquiry for expunged records, the court, the Department, or the agency receiving such inquiry, shall reply as it does in response to inquiries when no records ever existed. (B) Upon entry of an order to expunge records pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: (i) the records shall be expunged (as defined in subsection (a)(1)(E)) by the arresting agency and any other agency as ordered by the court, within 60 days of the date of service of the order, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section; (ii) the records of the circuit court clerk shall be impounded until further order of the court upon good cause shown and the name of the petitioner obliterated on the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act, but the order shall not affect any index issued by the circuit court clerk before the entry of the order;(iii) the records shall be impounded by the Department within 60 days of the date of service of the order as ordered by the court, unless a motion to vacate, modify, or reconsider the order is filed pursuant to paragraph (12) of subsection (d) of this Section;(iv) records impounded by the Department may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; and (v) in response to an inquiry for such records from anyone not authorized by law to access such records the court, the Department, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed. (C) Upon entry of an order to seal records under subsection (c), the arresting agency, any other agency as ordered by the court, the Department, and the court shall seal the records (as defined in subsection (a)(1)(K)). In response to an inquiry for such records from anyone not authorized by law to access such records the court, the Department, or the agency receiving such inquiry shall reply as it does in response to inquiries when no records ever existed.(10) Fees. The Department may charge the petitioner a fee equivalent to the cost of processing any order to expunge or seal records. Notwithstanding any provision of the Clerks of Courts Act to the contrary, the circuit court clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the circuit court clerk. From the total filing fee collected for the petition to seal or expunge, the circuit court clerk shall deposit $10 into the Circuit Court Clerk Operation and Administrative Fund, to be used to offset the costs incurred by the circuit court clerk in performing the additional duties required to serve the petition to seal or expunge on all parties. The circuit court clerk shall collect and forward the Department of State Police portion of the fee to the Department and it shall be deposited in the State Police Services Fund.(11) Final Order. No court order issued under the expungement or sealing provisions of this Section shall become final for purposes of appeal until 30 days after service of the order on the petitioner and all parties entitled to notice of the petition.(12) Motion to Vacate, Modify, or Reconsider. The petitioner or any party entitled to notice may file a motion to vacate, modify, or reconsider the order granting or denying the petition to expunge or seal within 60 days of service of the order. (e) Whenever a person who has been convicted of an offense is granted a pardon by the Governor which specifically authorizes expungement, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the defendant's trial, have a court order entered expunging the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been pardoned but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Department may be disseminated by the Department only to the arresting authority, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Upon entry of the order of expungement, the circuit court clerk shall promptly mail a copy of the order to the person who was pardoned. (e-5) Whenever a person who has been convicted of an offense is granted a certificate of eligibility for sealing by the Prisoner Review Board which specifically authorizes sealing, he or she may, upon verified petition to the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the petitioner's trial, have a court order entered sealing the record of arrest from the official records of the arresting authority and order that the records of the circuit court clerk and the Department be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the petitioner obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense for which he or she had been granted the certificate but the order shall not affect any index issued by the circuit court clerk before the entry of the order. All records sealed by the Department may be disseminated by the Department only as required by this Act or to the arresting authority, a law enforcement agency, the State's Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Upon entry of the order of sealing, the circuit court clerk shall promptly mail a copy of the order to the person who was granted the certificate of eligibility for sealing. (f) Subject to available funding, the Illinois Department of Corrections shall conduct a study of the impact of sealing, especially on employment and recidivism rates, utilizing a random sample of those who apply for the sealing of their criminal records under Public Act 93-211. At the request of the Illinois Department of Corrections, records of the Illinois Department of Employment Security shall be utilized as appropriate to assist in the study. The study shall not disclose any data in a manner that would allow the identification of any particular individual or employing unit. The study shall be made available to the General Assembly no later than September 1, 2010.

720 ILCS 5/11-14 Prostitution. (a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution. (b) Sentence. A violation of this Section is a Class A misdemeanor, unless committed within 1,000 feet of real property comprising a school, in which case it is a Class 4 felony. A second or subsequent violation of this Section, or any combination of convictions under this Section and Section 11-14.1 (solicitation of a sexual act), 11-14.3 (promoting prostitution), 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a juvenile prostitute), 11-16 (pandering), 11-17 (keeping a place of prostitution), 11-17.1 (keeping a place of juvenile prostitution), 11-18 (patronizing a prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile pimping), or 11-19.2 (exploitation of a child), is a Class 4 felony. (c) First offender; felony prostitution.(1) Whenever any person who has not previously been convicted of or placed on probation for felony prostitution or any law of the United States or of any other state relating to felony prostitution pleads guilty to or is found guilty of felony prostitution, the court, without entering a judgment and with the consent of such person, may sentence the person to probation. (2) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (3) The conditions of probation shall be that the person: (i) not violate any criminal statute of any jurisdiction; (ii) refrain from possessing a firearm or other dangerous weapon; (iii) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (iv) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. (4) The court may, in addition to other conditions, require that the person: (A) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation; (B) pay a fine and costs; (C) work or pursue a course of study or vocational training; (D) undergo medical or psychiatric treatment; or treatment or rehabilitation by a provider approved by the Illinois Department of Human Services; (E) attend or reside in a facility established for the instruction or residence of defendants on probation; (F) support his or her dependents; (G) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug. (5) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided. (6) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her. (7) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this subsection is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. (8) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, or Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections. (9) If a person is convicted of prostitution within 5 years subsequent to a discharge and dismissal under this subsection, the discharge and dismissal under this subsection shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation. (d) Notwithstanding the foregoing, if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this Section is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense under this Section, and shall be subject to the temporary protective custody provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of 1987. Pursuant to the provisions of Section 2-6 of the Juvenile Court Act of 1987, a law enforcement officer who takes a person under 18 years of age into custody under this Section shall immediately report an allegation of a violation of Section 10-9 of this Code to the Illinois Department of Children and Family Services State Central Register, which shall commence an initial investigation into child abuse or child neglect within 24 hours pursuant to Section 7.4 of the Abused and Neglected Child Reporting Act.

720 ILCS 550/10 (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled Substances Act, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation. (b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months, and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possession of a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. (d) The court may, in addition to other conditions, require that the person: (1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation; (2) pay a fine and costs; (3) work or pursue a course of study or vocational training; (4) undergo medical or psychiatric treatment; or treatment for drug addiction or alcoholism; (5) attend or reside in a facility established for the instruction or residence of defendants on probation; (6) support his dependents; (7) refrain from possessing a firearm or other dangerous weapon; (7-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; (8) and in addition, if a minor: (i) reside with his parents or in a foster home; (ii) attend school; (iii) attend a non-residential program for youth; (iv) contribute to his own support at home or in a foster home. (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him. (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime (including the additional penalty imposed for subsequent offenses under Section 4(c), 4(d), 5(c) or 5(d) of this Act). (h) Discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 may occur only once with respect to any person. (i) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.

720 ILCS 570/410 (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act or any law of the United States or of any State relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of a ontrolled or counterfeit substance under subsection (c) of Section 402 or of unauthorized possession of prescription form under Section 406.2, the court, without entering a judgment and with the consent of such person, may sentence him or her to probation. (b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, provided community service is available in the jurisdiction and is funded and approved by the county board. (d) The court may, in addition to other conditions, require that the person: (1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation; (2) pay a fine and costs; (3) work or pursue a course of study or vocational training; (4) undergo medical or psychiatric treatment; or treatment or rehabilitation approved by the Illinois Department of Human Services; (5) attend or reside in a facility established for the instruction or residence of defendants on probation; (6) support his or her dependents; (6-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; (7) and in addition, if a minor: (i) reside with his or her parents or in a foster home; (ii) attend school; (iii) attend a non-residential program for youth; (iv) contribute to his or her own support at home or in a foster home. (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against him or her. (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. (h) There may be only one discharge and dismissal under this Section, Section 10 of the Cannabis Control Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 with respect to any person. (i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.

720 ILCS 646/70. Probation. (a) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for any offense under this Act, the Illinois Controlled Substances Act, the Cannabis Control Act, or any law of the United States or of any state relating to cannabis or controlled substances, pleads guilty to or is found guilty of possession of less than 15 grams of methamphetamine under paragraph (1) or (2) of subsection (b) of Section 60 of this Act, the court, without entering a judgment and with the consent of the person, may sentence him or her to probation. (b) When a person is placed on probation, the court shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the person: (1) not violate any criminal statute of any jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of the probation, with the cost of the testing to be paid by the probationer; and (4) perform no less than 30 hours of community service, if community service is available in the jurisdiction and is funded and approved by the county board. (d) The court may, in addition to other conditions, require that the person take one or more of the following actions: (1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation; (2) pay a fine and costs; (3) work or pursue a course of study or vocational training; (4) undergo medical or psychiatric treatment; or treatment or rehabilitation approved by the Illinois Department of Human Services; (5) attend or reside in a facility established for the instruction or residence of defendants on probation; (6) support his or her dependents; (7) refrain from having in his or her body the presence of any illicit drug prohibited by this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or (8) if a minor: (i) reside with his or her parents or in a foster home; (ii) attend school; (iii) attend a non-residential program for youth; or (iv) contribute to his or her own support at home or in a foster home. (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal, however, discharge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. (h) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 10 of the Cannabis Control Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of Corrections, or subsection (c) of Section 11-14 of the Criminal Code of 1961 or the Criminal Code of 2012 with respect to any person. (i) If a person is convicted of an offense under this Act, the Cannabis Control Act, or the Illinois Controlled Substances Act within 5 years subsequent to a discharge and dismissal nder this Section, the discharge and dismissal under this Section are admissible in the sentencing proceeding for that conviction as evidence in aggravation.

Sec. 5-6-3.4. Second Chance Probation. (a) Whenever any person who has not previously been convicted of, or placed on probation or conditional discharge for, any felony offense under the laws of this State, the laws of any other state, or the laws of the United States, including probation under Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, subsection (c) of Section 11-14 of the Criminal Code of 2012, Treatment Alternatives for Criminal Justice Clients (TASC) under Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act, or prior successful completion of the Offender Initiative Program under Section 5-6-3.3 of this Code, and pleads guilty to, or is found guilty of, a probationable felony offense of possession of a controlled substance that is punishable as a Class 4 felony; possession of methamphetamine that is punishable as a Class 4 felony; theft that is punishable as a Class 3 felony based on the value of the property or punishable as a Class 4 felony if the theft was committed in a school or place of worship or if the theft was of governmental property; retail theft that is punishable as a Class 3 felony based on the value of the property; criminal damage to property that is punishable as a Class 4 felony; criminal damage to government supported property that is punishable as a Class 4 felony; or possession of cannabis which is punishable as a Class 4 felony, the court, with the consent of the defendant and the State's Attorney, may, without entering a judgment, sentence the defendant probation under this Section. (a-1) Exemptions. A defendant is not eligible for this probation if the offense he or she pleads guilty to, or is found guilty of, is a violent offense, or he or she has previously been convicted of a violent offense. For purposes of this probation, a "violent offense" is any offense where bodily harm was inflicted or where force was used against any person or threatened against any person, an offense involving sexual conduct, sexual penetration, or sexual exploitation, any offense of domestic violence, domestic battery, violation of an order of protection, stalking, hate crime, driving under the influence of drugs or alcohol, and any offense involving the possession of a firearm or dangerous weapon. A defendant shall not be eligible for this probation if he or she has previously been adjudicated a delinquent minor for the commission of a violent offense as defined in this subsection. (b) When a defendant is placed on probation, the court shall enter an order specifying a period of probation of not less than 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation. (c) The conditions of probation shall be that the defendant: (1) not violate any criminal statute of this State or any other jurisdiction; (2) refrain from possessing a firearm or other dangerous weapon; (3) make full restitution to the victim or property owner under Section 5-5-6 of this Code; (4) obtain or attempt to obtain employment; (5) pay fines and costs; (6) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing the high school level test of General Educational Development (G.E.D.) or to work toward completing a vocational training program; (7) submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant; and (8) perform a minimum of 30 hours of community service. (d) The court may, in addition to other conditions, require that the defendant: (1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the order of probation; (2) undergo medical or psychiatric treatment, or treatment or rehabilitation approved by the Illinois Department of Human Services; (3) attend or reside in a facility established for the instruction or residence of defendants on probation; (4) support his or her dependents; or (5) refrain from having in his or her body the presence of any illicit drug prohibited by the Methamphetamine Control and Community Protection Act, the Cannabis Control Act, or the Illinois Controlled Substances Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug. (e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law. (f) Upon fulfillment of the terms and conditions of probation, the court shall discharge the person and dismiss the proceedings against the person. (g) A disposition of probation is considered to be a conviction for the purposes of imposing the conditions of probation and for appeal; however, a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. (h) There may be only one discharge and dismissal under this Section, Section 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 10 of the Cannabis Control Act, Treatment Alternatives for Criminal Justice Clients (TASC) under Article 40 of the Alcoholism and Other Drug Abuse and Dependency Act, the Offender Initiative Program under Section 5-6-3.3 of this Code, and subsection (c) of Section 11-14 of the Criminal Code of 2012 with respect to any person. (i) If a person is convicted of any offense which occurred within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as evidence in aggravation.

Sec. 10-21.9. Criminal history records checks and checks of the State wide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database.-- (a) Certified and noncertified applicants for employment with a school district, except school bus driver applicants, are required as a condition of employment to authorize a fingerprint-based criminal history records check to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the check shall be furnished by the applicant to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the check to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Department of State Police, to the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the check of the applicant has been requested. The Department of State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such check, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant shall not be charged a fee for such check by the school district or by the regional superintendent. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse school districts and regional superintendents for fees paid to obtain criminal history records checks under this Section. (a-5) The school district or regional superintendent shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, for each applicant. (a-6) The school district or regional superintendent shall further perform a check of the Statewide Child Murderer and Violent Offender Against Youth Database, as authorized by the Child Murderer and Violent Offender Against Youth Community Notification Law, for each applicant. (b) Any information concerning the record of convictions obtained by the president of the school board or the regional superintendent shall be confidential and may only be transmitted to the superintendent of the school district or his designee, the appropriate regional superintendent if the check was requested by the school district, the presidents of the appropriate school boards if the check was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment. Upon the check of the Statewide Sex Offender Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database as a sex offender. If a check of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon a check ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database as a sex offender, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database, the applicant has not been identified in the Database as a sex offender. The school board of any school district may rely on the certificate issued by any regional superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee or may initiate its own criminal history records check of the applicant through the Department of State Police and its own check of the Statewide Sex Offender Database as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) No school board shall knowingly employ a person who has been convicted of any offense that would subject him or her to certification suspension or revocation pursuant to Section 21-23a of this Code. Further, no school board shall knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) No school board shall knowingly employ a person for whom a criminal history records check and a Statewide Sex Offender Database check has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the State Superintendent of Education may initiate certificate suspension and revocation proceedings as authorized by law. (e-5) The superintendent of the employing school board shall, in writing, notify the State Superintendent of Education and the applicable regional superintendent of schools of any certificate holder whom he or she has reasonable cause to believe has committed an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act, and that act resulted in the certificate holder's dismissal or resignation from the school district. This notification must be submitted within 30 days after the dismissal or resignation. The certificate holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Teacher Certification Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to Article 21 of this Code, (ii) pursuant to a court order, (iii) for disclosure to the certificate holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action. (f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for a criminal history records check prepared by each such employee and submitting the same to the Department of State Police and for conducting a check of the Statewide Sex Offender Database for each employee. Any information concerning the record of conviction and identification as a sex offender of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards. 105 ILCS 5/34-18.5 (from Ch. 122, par. 34-18.5)

Sec. 34-18.5. Criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database.-- (a) Certified and noncertified applicants for employment with the school district are required as a condition of employment to authorize a fingerprint-based criminal history records check to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State. Authorization for the check shall be furnished by the applicant to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, or a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the check to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee. Upon receipt of this authorization, the school district or the appropriate regional superintendent, as the case may be, shall submit the applicant's name, sex, race, date of birth, social security number, fingerprint images, and other identifiers, as prescribed by the Department of State Police, to the Department. The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee that the check of the applicant has been requested. The Department of State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check. The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such check, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry; and the applicant shall not be charged a fee for such check by the school district or by the regional superintendent. Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse the school district and regional superintendent for fees paid to obtain criminal history records checks under this Section. (a-5) The school district or regional superintendent shall further perform a check of the Statewide Sex Offender Database, as authorized by the Sex Offender Community Notification Law, for each applicant. (a-6) The school district or regional superintendent shall further perform a check of the Statewide Child Murderer and Violent Offender Against Youth Database, as authorized by the Child Murderer and Violent Offender Against Youth Community Notification Law, for each applicant. (b) Any information concerning the record of convictions obtained by the president of the board of education or the regional superintendent shall be confidential and may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the check was requested by the board of education for the school district, the presidents of the appropriate board of education or school boards if the check was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment. A copy of the record of convictions obtained from the Department of State Police shall be provided to the applicant for employment. Upon the check of the Statewide Sex Offender Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database as a sex offender. If a check of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon a check ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database as a sex offender, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database, the applicant has not been identified in the Database as a sex offender. The school board of any school district may rely on the certificate issued by any regional superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee or may initiate its own criminal history records check of the applicant through the Department of State Police and its own check of the Statewide Sex Offender Database as provided in subsection (a). Any person who releases any confidential information concerning any criminal convictions of an applicant for employment shall be guilty of a Class A misdemeanor, unless the release of such information is authorized by this Section. (c) The board of education shall not knowingly employ a person who has been convicted of any offense that would subject him or her to certification suspension or revocation pursuant to Section 21-23a of this Code. Further, the board of education shall not knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987. (d) The board of education shall not knowingly employ a person for whom a criminal history records check and a Statewide Sex Offender Database check has not been initiated. (e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the State Superintendent of Education may initiate certificate suspension and revocation proceedings as authorized by law. (e-5) The general superintendent of schools shall, in writing, notify the State Superintendent of Education of any certificate holder whom he or she has reasonable cause to believe has committed an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act, and that act resulted in the certificate holder's dismissal or resignation from the school district. This notification must be submitted within 30 days after the dismissal or resignation. The certificate holder must also be contemporaneously sent a copy of the notice by the superintendent. All correspondence, documentation, and other information so received by the State Superintendent of Education, the State Board of Education, or the State Teacher Certification Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to Article 21 of this Code, (ii) pursuant to a court order, (iii) for disclosure to the certificate holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement. Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action. (f) After March 19, 1990, the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district. For purposes of criminal history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for a criminal history records check prepared by each such employee and submitting the same to the Department of State Police and for conducting a check of the Statewide Sex Offender Database for each employee. Any information concerning the record of conviction and identification as a sex offender of any such employee obtained by the regional superintendent shall be promptly reported to the president of the appropriate school board or school boards.

110 ILCS 12/5 Sec. 5. Background investigation. Each public institution of higher education shall, through written policy and procedures, identify security-sensitive positions and make provision for the completion of criminal background investigations prior to employing individuals in those positions.

20-5-2-7. Schools; Criminal history information policies--(a) A school corporation, including a school township, shall adopt a policy concerning criminal history information for individuals who: (1) apply for: (A) employment with the school corporation; or (B) employment with an entity with which the school corporation contracts for services; (2) seek to enter into a contract to provide services to the school corporation; if the individuals are likely to have direct, ongoing contact with children within the scope of the individuals' employment; or (3) are employed by an entity that seeks to enter into a contract to provide services to the school corporation; (b) A school corporation, including a school township, shall administer a policy adopted under this section uniformly for all individuals to whom the policy applies. A policy adopted under this section may require any of the following: (1) The school corporation, including a school township, may request limited criminal history information concerning each applicant for noncertificated employment or certificated employment from a local or state law enforcement agency before or not later than three (3) months after the applicant's employment by the school corporation. (2) Each individual hired for noncertificated employment or certificated employment may be required to provide a written consent for the school corporation to request under IC 5-2-5 limited criminal history information or a national criminal history background check concerning the individual before or not later than three (3) months after the individual's employment by the school corporation. The school corporation may require the individual to provide a set of fingerprints and pay any fees required for a national criminal history background check. (3) Each individual hired for noncertificated employment may be required at the time the individual is hired to submit a certified copy of the individual's limited criminal history (as defined in IC 5-2-5-1(1)) to the school corporation. (4) Each individual hired for noncertificated employment may be required at the time the individual is hired to: (A) submit a request to the Indiana central repository for limited criminal history information under IC 5-2-5; (B) obtain a copy of the individual's limited criminal history; and (C) submit to the school corporation the individual's limited criminal history and a document verifying a disposition (as defined in IC 5-2-5-1(6)) that does not appear on the limited criminal history. (5) Each applicant for noncertificated employment or certificated employment may be required at the time the individual applies to answer questions concerning the individual's limited criminal history. The failure to answer honestly questions asked under this subdivision is grounds for termination of the employee's employment. (6) Each individual that: (A) seeks to enter into a contract to provide services to a school corporation; or (B) is employed by an entity that seeks to enter into a contract with a school corporation; may be required at the time the contract is formed to comply with the procedures described in subdivision (4)(A) and (4)(B). The school corporation either may require that the individual or the contractor comply with the procedures described in subdivision (4)(C) or (5). Failure to comply with subdivisions (4) and (5), as required by the school corporation, is grounds for termination of the contract. (c) If an individual is required to obtain a limited criminal history under this section, the individual is responsible for all costs associated with obtaining the limited criminal history. (d) Information obtained under this section must be used in accordance with IC 5-2-5-6. [Sec. 20-5-2-7, as amended by S.B. 445, L. 2001, effective May 11, 2001].

20-5-2-8. Employment of personnel; Grounds for not employing--(a) This section applies to: (1) a school corporation; and (2) an entity: (A) with which the school corporation contracts for services; and (B) that has employees who are likely to have direct, ongoing contact with children within the scope of the employees' employment. (b) A school corporation or entity may use information obtained under section 7 of this chapter concerning an individual's conviction for one (1) of the following offenses as grounds to not employ or contract with the individual: (1) Murder (IC 35-42-1-1). (2) Causing suicide (IC 35-42-1-2). (3) Assisting suicide (IC 35-42-1-2.5). (4) Voluntary manslaughter (IC 35-42-1-3). (5) Reckless homicide (IC 35-42-1-5). (6) Battery (IC 35-42-2-1) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (7) Aggravated battery (IC 35-42-2-1.5). (8) Kidnapping (IC 35-42-3-2). (9) Criminal confinement (IC 35-42-3-3). (10) A sex offense under IC 35-42-4. (11) Carjacking (IC 35-42-5-2). (12) Arson (IC 35-43-1-1) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (13) Incest (IC 35-46-1-3). (14) Neglect of a dependent as a Class B felony unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (15) Child selling (IC 35-46-1-4(c)). (16) Contributing to the delinquency of a minor (IC 35-46-1-8) unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (17) An offense involving a weapon under IC 35-47 unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (18) An offense relating to controlled substances under IC 35-48-4 unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (19) An offense relating to material or a performance that is harmful to minors or obscene under IC 35-49-3 unless ten (10) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (20) An offense relating to operating a motor vehicle while intoxicated under IC 9-30-5 unless five (5) years have elapsed from the date the individual was discharged from probation, imprisonment, or parole, whichever is later. (21) An offense that is substantially equivalent to any of the offenses listed in this subsection in which the judgment of conviction was entered under the law of any other jurisdiction. (c) An individual employed by a school corporation or an entity described in subsection (a) shall notify the governing body of the school corporation if during the course of the individual's employment the individual is convicted in Indiana or another jurisdiction of an offense described in subsection (b). [Sec. 20-5-2-8, as amended by P.L. 197 (H.B. 1210), L. 1999, effective July 1, 1999].

24-4-18-1.Criminal history providers (a) As used in this chapter, "criminal history information" means information: (1) concerning a criminal conviction in Indiana; and (2) available in records kept by a clerk of a circuit, superior, city, or town court with jurisdiction in Indiana. (b) The term consists of the following: (1) Identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges. (2) Information, including a photograph, regarding a sex or violent offender (as defined in IC 11-8-8-5) obtained through sex or violent offender registration under IC 11-8-8. (3) Any disposition, including sentencing, and correctional system intake, transfer, and release. (4) A photograph of the person who is the subject of the information described in subdivisions (1) through (3). (c) The term includes fingerprint information described in IC 10-13-3- 24(f).

34-28-5-15.Disclosure of information (a) This subsection does not apply to a person whose prosecution for an infraction is deferred under section 1 of this chapter. If a person alleged to have violated a statute defining an infraction: (1) is not prosecuted or if the action against the person is dismissed; (2) is adjudged not to have committed the infraction; or (3) is adjudged to have committed the infraction and the adjudication is subsequently vacated; the court in which the action was filed shall order the clerk and the operator of any state, regional, or local case management system not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual. (b) Not earlier than five (5) years after a person: (1) whose prosecution for an infraction has been deferred; or (2) who was found to have violated a statute defining an infraction; has satisfied the conditions of the deferral program or the judgment imposed for the violation, the person may petition the court to prohibit disclosure of information related to the infraction to a noncriminal justice organization or an individual. The court shall order the clerk and the operator of any state, regional, or local case management system not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual if the court finds that: (1) the person satisfied the judgment or conditions of the deferral program; and (2) at least five (5) years have passed since the date the person satisfied the judgment or conditions of the program. (c) If a court fails to order the clerk and the operator of any state, regional, or local case management system to restrict disclosure of information related to the infraction under subsection (a), the person may petition the court to restrict disclosure of the records related to the infraction to a noncriminal justice organization or an individual. (d) A petition under subsection (b) or (c) must be verified and filed in: (1) the court in which the action was filed, for a person described in subsection (a)(1); (2) the court in which the trial was held, for a person described in subsection (a)(2) or (a)(3); or (3) the court finding or having jurisdiction over the violation, for a person described in subsection (b). (e) A petition under subsection (b) or (c) must be filed not earlier than: (1) if the person is adjudged not to have committed the infraction, thirty (30) days after the date of judgment; (2) if the person's adjudication is vacated, three hundred sixty-five (365) days after: (A) the order vacating the adjudication is final, if there is no appeal or the appeal is terminated before entry of an opinion or memorandum decision; or (B) the opinion or memorandum decision vacating the adjudication is certified; (3) if the person is not prosecuted or the action is dismissed, thirty (30) days after the action is dismissed, if a new action is not filed; or (4) if the person participated in a deferral program or is found to have violated the statute defining the infraction, not earlier than five (5) years after the date the judgment for the violation is satisfied or the conditions of the deferral program are met. (f) A petition under subsection (b) or (c) must set forth: (1) the date of the alleged violation; (2) the violation or alleged violation; (3) the date the action was dismissed, if applicable; (4) the date of judgment, if applicable; (5) the date the adjudication was vacated, if applicable; (6) the basis on which the adjudication was vacated, if applicable; (7) the date the judgment is satisfied or the conditions of the deferral program were met, if applicable; (8) the law enforcement agency employing the officer who issued the complaint, if applicable; (9) any other known identifying information, such as the name of the officer, case number, or court cause number; (10) the date of the petitioner's birth; and (11) at the option of the petitioner, the: (A) petitioner's driver's license or state identification card number; or (B) last four (4) digits of the petitioner's Social Security number. (g) A copy of a petition filed under subsection (b) or (c) shall be served on the prosecuting attorney. (h) If the prosecuting attorney wishes to oppose a petition filed under subsection (b) or (c), the prosecuting attorney shall, not later than thirty (30) days after the petition is filed, file a notice of opposition with the court setting forth reasons for opposing the petition. The prosecuting attorney shall attach to the notice of opposition a certified copy of any documentary evidence showing that the petitioner is not entitled to relief. A copy of the notice of opposition and copies of any documentary evidence shall be served on the petitioner in accordance with the Indiana Rules of Trial Procedure. (i) The court may, with respect to a petition filed under subsection (b) or (c): (1) summarily grant the petition; (2) set the matter for hearing; or (3) summarily deny the petition, if the court determines that: (A) the petition is insufficient; or (B) based on documentary evidence submitted to the court, the petitioner is not entitled to have access to the petitioner's records restricted. (j) If a notice of opposition is filed under subsection (h) and the court does not summarily grant or summarily deny the petition, the court shall set the matter for a hearing. (k) After a hearing is held under subsection (j), the court shall grant the petition filed under: (1) subsection (b) if the person is entitled to relief under that subsection; or (2) subsection (c) if the person is entitled to relief under subsection (a). (l) If the court grants a petition filed under subsection (b) or (c), the court shall order the clerk and the operator of any state, regional, or local case management system not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual.

34-28-5-16.Restricted records

Repealed.

135B.34.Hospital employees -- criminal history and abuse record checks – penalty 1. Prior to employment of a person in a hospital, the hospital shall request that the department of public safety perform a criminal history check and the department of human services perform child and dependent adult abuse record checks of the person in this state. A hospital shall inform all persons prior to employment regarding the performance of the record checks and shall obtain, from the persons, a signed acknowledgment of the receipt of the information. A hospital shall include the following inquiry in an application for employment: Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state? [Sec. 135B.34, as amended by Ch. 1187, L. 2008]. 2. a. If it is determined that a person being considered for employment in a hospital has committed a crime, the department of public safety shall notify the hospital that upon the request of the hospital the department of human services will perform an evaluation to determine whether the crime warrants prohibition of the person's employment in the hospital [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. b. If a department of human services child or dependent adult abuse record check shows that the person has a record of founded child or dependent adult abuse, the department of human services shall notify the hospital that upon the request of the hospital the department of human services will perform an evaluation to determine whether the founded child or dependent adult abuse warrants prohibition of the person's employment in the hospital [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. (1) If a person being considered for employment, other than employment involving the operation of a motor vehicle, has been convicted of a crime listed in subparagraph (2) but does not have a record of founded child or dependent abuse and the hospital has requested an evaluation in accordance with paragraph "a" to determine whether the crime warrants prohibition of the person's employment, the hospital may employ the person for not more than sixty calendar days pending completion of the evaluation. (2) Subparagraph (1) applies to a crime that is a simple misdemeanor offense under section 123.47 or chapter 321, and to a crime that is a first offense of operating a motor vehicle while intoxicated under section 321J.2, subsection 1. [Sec. 135B.34, as amended by S. 347, L. 2013] c. An evaluation performed under this subsection shall be performed in accordance with procedures adopted for this purpose by the department of human services [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. d. (1) If a person owns or operates more than one hospital, and an employee of one of such hospitals is transferred to another such hospital without a lapse in employment, the hospital is not required to request additional criminal and child and dependent adult abuse record checks of that employee [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. (2) If the ownership of a hospital is transferred, at the time of transfer the record checks required by this section shall be performed for each employee for whom there is no documentation that such record checks have been performed. The hospital may continue to employ such employee pending the performance of the record checks and any related evaluation [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. 3. In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or dependent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. If the department of human services performs an evaluation for the purposes of this section, the department of human services has final authority in determining whether prohibition of the person's employment is warranted [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. 4. a. Except as provided in paragraph "b" and subsection 2, a person who has committed a crime or has a record of founded child or dependent adult abuse shall not be employed in a hospital licensed under this chapter unless an evaluation has been performed by the department of human services [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. b. A person with a criminal or abuse record who is or was employed by a hospital licensed under this chapter and is hired by another hospital shall be subject to the criminal history and abuse record checks required pursuant to subsection 1. However, if an evaluation was previously performed by the department of human services concerning the person's criminal or abuse record and it was determined that the record did not warrant prohibition of the person's employment and the latest record checks do not indicate a crime was committed or founded abuse record was entered subsequent to that evaluation, the person may commence employment with the other hospital in accordance with the department of human services' evaluation and an exemption from the requirements in paragraph "a" for reevaluation of the latest record checks is authorized. Otherwise, the requirements of paragraph "a" remain applicable to the person's employment. Authorization of an exemption under this paragraph "b" from requirements for reevaluation of the latest record checks by the department of human services is subject to all of the following provisions: (1) The position with the subsequent employer is substantially the same or has the same job responsibilities as the position for which the previous evaluation was performed. (2) Any restrictions placed on the person's employment in the previous evaluation by the department of human services shall remain applicable in the person's subsequent employment. (3) The person subject to the record checks has maintained a copy of the previous evaluation and provides the evaluation to the subsequent employer or the previous employer provides the previous evaluation from the person's personnel file pursuant to the person's authorization. If a physical copy of the previous evaluation is not provided to the subsequent employer, the record checks shall be reevaluated. (4) Although an exemption under this lettered paragraph "b" may be authorized, the subsequent employer may instead request a reevaluation of the record checks and may employ the person while the reevaluation is being performed. [Sec. 135B.34, as amended by S. 347, L. 2013]. 5. a. If a person employed by a hospital that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the person's employment application date, the person shall inform the hospital of such information within forty-eight hours of the criminal conviction or entry of the record of founded child or dependent adult abuse. The hospital shall act to verify the information within forty-eight hours of notification. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the person's employment is continued. The hospital may continue to employ the person pending the performance of an evaluation by the department of human services to determine whether prohibition of the person's employment is warranted. A person who is required by this subsection to inform the person's employer of a conviction or entry of an abuse record and fails to do so within the required period commits a serious misdemeanor [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. b. If a hospital receives credible information, as determined by the hospital, that a person employed by the hospital has been convicted of a crime or a record of founded child or dependent adult abuse has been entered in the abuse registry after employment from a person other than the employee and the employee has not informed the hospital of such information within the period required under paragraph "a", the hospital shall act to verify the credible information within forty-eight hours of receipt of the credible information. If the information is verified, the requirements of subsections 2, 3, and 4 regarding employability and evaluations shall be applied by the hospital to determine whether or not the person's employment is continued [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. c. The hospital may notify the county attorney for the county where the hospital is located of any violation or failure by an employee to notify the hospital of a criminal conviction or entry of an abuse record within the period required under paragraph "a" [Sec. 135B. 34, as amended by Ch. 1187, L. 2008]. 6. A hospital licensed in this state may access the single contact repository established by the department pursuant to section 135C.33 as necessary for the hospital to perform record checks of persons employed or being considered for employment by the hospital.

279.13 Contracts with teachers — automatic continuation — initial background investigations. 1. a. Contracts with teachers, which for the purpose of this section means all licensed employees of a school district and nurses employed by the board, excluding superintendents, assistant superintendents, principals, and assistant principals, shall be in writing and shall state the number of contract days, the annual compensation to be paid, and any other matters as may be mutually agreed upon. The contract may include employment for a term not exceeding the ensuing school year, except as otherwise authorized. b. (1) Prior to entering into an initial contract with a teacher who holds a license other than an initial license issued by the board of educational examiners under chapter 272, the school district shall initiate a state criminal history record check of the applicant through the division of criminal investigation of the department of public safety, submit the applicant's fingerprints to the division for submission to the federal bureau of investigation for a national criminal history record check, and review the sex offender registry information under section 692A.13, the central registry for child abuse information established under section 235A.14, and the central registry for dependent adult abuse information established under section 235B.5 for information regarding applicants for employment as a teacher. (2) The school district may charge the applicant a fee not to exceed the actual cost charged the school district for the state and national criminal history checks and registry checks conducted pursuant to subparagraph (1). c. The contract is invalid if the teacher is under contract with another board of directors to teach during the same time period until a release from the other contract is achieved. The contract shall be signed by the president of the board, or by the superintendent if the board has adopted a policy authorizing the superintendent to sign teaching contracts, when tendered, and after it is signed by the teacher, the contract shall be filed with the secretary of the board before the teacher enters into performance under the contract. 2. The contract shall remain in force and effect for the period stated in the contract and shall be automatically continued for equivalent periods except as modified or terminated by mutual agreement of the board of directors and the teacher or as terminated in accordance with the provisions specified in this chapter. A contract shall not be offered by the employing board to a teacher under its jurisdiction prior to March 15 of any year. A teacher who has not accepted a contract for the ensuing school year tendered by the employing board may resign effective at the end of the current school year by filing a written resignation with the secretary of the board. The resignation must be filed not later than the last day of the current school year or the date specified by the employing board for return of the contract, whichever date occurs first. However, a teacher shall not be required to return a contract to the board or to resign less than twenty-one days after the contract has been offered. 3. If the provisions of a contract executed or automatically renewed under this section conflict with a collective bargaining agreement negotiated under chapter 20 and effective when the contract is executed or renewed, the provisions of the collective bargaining agreement shall prevail. 4. For purposes of this section, sections 279.14, 279.15 through 279.17, 279.19, and 279.27, unless the context otherwise requires, "teacher" includes the following individuals employed by a community college: a. An instructor, but does not include an adjunct instructor. b. A librarian, including those denoted as being a learning resource specialist or a media specialist. c. A counselor. 5. Notwithstanding the other provisions of this section, a temporary contract may be issued to a teacher to fill a vacancy created by a leave of absence in accordance with the provisions of section 29A.28, which contract shall automatically terminate upon return from military leave of the former incumbent of the teaching position and which contract shall not be subject to the provisions of sections 279.15 through 279.19, or section 279.27. A separate extracurricular contract issued pursuant to section 279.19A to a person issued a temporary contract under this section shall automatically terminate with the termination of the temporary contract as required under section 279.19A, subsection 8.

661-11.21 (692) Criminal history checks for qualified entities.--11.21(1) The department of public safety may process requests for national criminal history record checks for a qualified entity. 11.21(2) All qualified entities requesting criminal history record checks shall be required to pay any applicable state and federal fees associated with non-criminal justice record checks. The qualified entity is responsible for such fees whether the qualified entity requests or receives the information directly or through an agency authorized to make fitness determinations as provided in subrule 11.21(3). 11.21(3) Any public entity which has been duly authorized by statute or administrative rule to conduct fitness determinations of volunteers or employees of a qualified entity may receive state and national criminal history checks in order to do so. 11.21(4) A school district considering an applicant for a teaching position is a qualified entity pursuant to 2007 Iowa Acts, Senate File 601, section 102. A school district may submit a request for a national criminal history check of an applicant for employment as a teacher. The request shall be submitted on a form designated by the division of criminal investigation and shall be accompanied by completed fingerprint cards for the applicant and the applicable fee. The district may contact the division of criminal investigation by telephone at (515)725-6066 or by electronic mail at cchinfo@dps.state.ia.us. prior to submitting the request, to obtain instructions on the submission or may consult the Web site of the division for this information. These rules are intended to implement Iowa Code chapter 692.

160.151. Criminal background check on certified employees and student teachers in private, parochial, and church schools — Fingerprinting — Disclosure — Contractors, volunteers, and visitors subject to check — Employment of offenders by nonpublic schools. **Update notice: This section has been amended by CHAPTER 111 of 2010 (1) (a) Beginning with the 2002-2003 school year, a private, parochial, or church school that has voluntarily been certified by the Kentucky Board of Education in accordance with the provisions of KRS 156.160(3) may require a national and state criminal background check on all new certified hires in the school and student teachers assigned to the school. Certified individuals who were employed in another certified position in a Kentucky school within six (6) months of the date of the hire and who had previously submitted to a national and state criminal background check for previous employment may be excluded from further national or state criminal background checks. (b) The national criminal history background check shall be conducted by the Federal Bureau of Investigation. The state criminal history background check shall be conducted by the Department of Kentucky State Police or the Administrative Office of the Courts. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The fingerprint cards shall be forwarded to the Federal Bureau of Investigation by the Department of Kentucky State Police after a state criminal background check has been conducted. Any fee charged by the Department of Kentucky State Police, the Administrative Office of the Courts, or the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the search. (2) If a school requires a criminal background check for a new hire, the school shall conspicuously include the following disclosure statement on each application or renewal form provided by the employer to an applicant for a certified position: "STATE LAW AUTHORIZES THIS SCHOOL TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT FOR THIS TYPE OF POSITION." (a) For purposes of this subsection, "contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual agreement with the school, school board, school district, or school-affiliated entity, at times when students are present. The term "contractor" includes an employee of a contractor. (b) The school or school board may require a contractor, volunteer, or visitor to submit to a national criminal history check by the Federal Bureau of Investigation and state criminal history background check by the Department of Kentucky State Police or Administrative Office of the Courts. Any request for records under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The results of the state criminal background check and the results of the national criminal history background check, if requested, shall be sent to the hiring superintendent. Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search. (3) (a) A nonpublic school voluntarily implementing the provisions of this chapter may choose not to employ any person who is a violent offender as defined by KRS 17.165(2), has been convicted of a sex crime which is classified as a felony as defined by KRS 17.165(1), or has committed a violent crime as defined in KRS 17.165(3). A nonpublic school may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor. (b) If a school term has begun and a certified position remains unfilled or if a vacancy occurs during a school term, a nonpublic school implementing the provisions of this chapter may employ an individual who will have supervisory or disciplinary authority over minors on probationary status pending receipt of a criminal history background check. (c) Employment at a nonpublic school implementing the provisions of this chapter may be contingent on the receipt of a criminal history background check documenting a record as a violent offender, of a sex crime, or of a violent crime as defined in KRS 17.165. (d) Nonpublic schools implementing the provisions of this chapter may terminate probationary employment under this section upon receipt of a criminal history background check documenting a record as a violent offender, of a sex crime, or of a violent crime as defined in KRS 17.165.

156.483. Restrictions on employing violent offenders or persons convicted of sex crimes — Criminal record check on job applicants. (1) The State Department of Education shall not employ, in a position which involves supervisory or disciplinary power over a minor, any person who is a violent offender or has been convicted of a sex crime defined in KRS 17.165 as a felony. The Department of Education may employ, at its discretion, persons convicted of sex crimes classified as a misdemeanor. The Department of Education shall request all conviction information for any applicant for employment from the Justice and Public Safety Cabinet prior to employing the applicant. (2) Each application form, provided by the Department of Education to the applicant, shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION OF EMPLOYMENT." (3) Any request for records under subsection (1) of this section shall be on a form approved by the Justice and Public Safety Cabinet, and the cabinet may charge a fee to be paid by the applicant in an amount no greater than the actual cost of processing the request. (4) The provisions of this section shall apply after July 15, 1988, to all applicants for initial employment in a position which involves supervisory or disciplinary power over a minor. 160.380. School employees — Restrictions on appointment of relatives, violent offenders, and persons convicted of sex crimes — National and state criminal history background checks on applicants, new hires, and school-based decision making council parent members — Application and renewal forms — Employees charged with felony offenses. (1) As used in this section: (a) "Contractor" means an adult who is permitted access to school grounds pursuant to a current or prospective contractual agreement with the school, school board, school district, or school-affiliated entity, at times when students are present. The term "contractor" includes an employee of a contractor; (b) "Relative" means father, mother, brother, sister, husband, wife, son, daughter, aunt, uncle, son-in-law, and daughter-in-law; and (c) "Vacancy" means any certified position opening created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member of a local school district, or a new position created in a local school district for which certification is required. However, if an employer-employee bargained contract contains procedures for filling certified position openings created by the resignation, dismissal, nonrenewal of contract, transfer, or death of a certified staff member, or creation of a new position for which certification is required, a vacancy shall not exist, unless certified positions remain open after compliance with those procedures. (2) (a) All appointments, promotions, and transfers of principals, supervisors, teachers, and other public school employees shall be made only by the superintendent of schools, who shall notify the board of the action taken. All employees of the local district shall have the qualifications prescribed by law and by the administrative regulations of the Kentucky Board of Education and of the employing board. Supervisors, principals, teachers, and other employees may be appointed by the superintendent for any school year at any time after February 1 preceding the beginning of the school year. No superintendent of schools shall appoint or transfer himself or herself to another position within the school district. (b) When a vacancy occurs in a local school district, the superintendent shall notify the chief state school officer thirty (30) days before the position shall be filled. The chief state school officer shall keep a registry of local district vacancies which shall be made available to the public. The local school district shall post position openings in the local board office for public viewing. (c) When a vacancy needs to be filled in less than thirty (30) days' time to prevent disruption of necessary instructional or support services of the school district, the superintendent may seek a waiver from the chief state school officer. If the waiver is approved, the appointment shall not be made until the person recommended for the position has been approved by the chief state school officer. The chief state school officer shall respond to a district's request for waiver or for approval of an appointment within two (2) working days. (d) When a vacancy occurs in a local district, the superintendent shall conduct a search to locate minority teachers to be considered for the position. The superintendent shall, pursuant to administrative regulations of the Kentucky Board of Education, report annually the district's recruitment process and the activities used to increase the percentage of minority teachers in the district. (e) No relative of a superintendent of schools shall be an employee of the school district. However, this shall not apply to a relative who is a classified or certified employee of the school district for at least thirty-six (36) months prior to the superintendent assuming office, or prior to marrying a relative of the superintendent, and who is qualified for the position the employee holds. A superintendent's spouse who has at least twenty (20) years of service in school systems may be an employee of the school district. A superintendent's spouse who is employed under this provision shall not hold a position in which the spouse supervises certified or classified employees. A superintendent's spouse may supervise teacher aides and student teachers. However, the superintendent shall not promote a relative who continues employment under an exception of this subsection. (f) No superintendent shall employ a relative of a school board member of the district, unless on July 13, 1990, the board member's relative is an employee of the district, the board member is holding office, and the relative was not initially hired by the district during the tenure of the board member. A relative employed in 1989-90 and initially hired during the tenure of a board member serving on July 13, 1990, may continue to be employed during the remainder of the board member's term. However, the superintendent shall not promote any relative of a school board member who continues employment under the exception of this subsection. (g) 1. No principal's relative shall be employed in the principal's school, except a relative who is not the principal's spouse and who was employed in the principal's school during the 1989-90 school year. 2. No spouse of a principal shall be employed in the principal's school, except: a. A principal's spouse who was employed in the principal's school during the 1989-90 school year for whom there is no position for which the spouse is certified to fill in another school operated in the district; or b. A principal's spouse who was employed in the 1989-90 school year and is in a school district containing no more than one (1) elementary school, one (1) middle school, and one (1) high school. 3. A principal's spouse who is employed in the principal's school shall be evaluated by a school administrator other than the principal. 4. The provisions of KRS 161.760 shall not apply to any transfer made in order to comply with the provisions of this paragraph. (3) No superintendent shall employ in any position in the district any person who is a violent offender or has been convicted of a sex crime as defined by KRS 17.165 which is classified as a felony. The superintendent may employ, at his discretion, persons convicted of sex crimes classified as a misdemeanor. (4) (a) A superintendent shall require a national and state criminal background check on all new certified hires in the school district and student teachers assigned within the district. Excluded are certified individuals who were employed in another certified position in a Kentucky school district within six (6) months of the date of hire and who had previously submitted to a national and state criminal background check for the previous employment. (b) The superintendent shall require that each new certified hire and student teacher, as set forth in paragraph (a) of this subsection, submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation. (c) All fingerprints requested under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The fingerprint cards shall be forwarded to the Federal Bureau of Investigation from the Department of Kentucky State Police after a state criminal background check is conducted. The results of the state and federal criminal background check shall be sent to the hiring superintendent. Any fee charged by the Department of Kentucky State Police and the Federal Bureau of Investigation shall be an amount no greater than the actual cost of processing the request and conducting the search. (d) The Education Professional Standards Board may promulgate administrative regulations to impose additional qualifications to meet the requirements of Public Law 92-544. (5) A superintendent shall require a state criminal background check on all classified initial hires. (a) The superintendent shall require that each classified initial hire submit to a state criminal history background check by the Department of Kentucky State Police. If an applicant has been a resident of Kentucky twelve (12) months or less, the superintendent may require a national criminal history background check as a condition of employment. (b) Any request for records under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The results of the state criminal background check and the results of the national criminal history background check, if requested under the provisions of paragraph (a) of this subsection, shall be sent to the hiring superintendent. Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search. (6) The superintendent may require a contractor, volunteer, or visitor to submit to a national and state criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation. Any request for records under this section shall be on an applicant fingerprint card provided by the Department of Kentucky State Police. The results of the state criminal background check and the results of the national criminal history background check, if requested, shall be sent to the hiring superintendent. Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search. (7) (a) If a school term has begun and a certified or classified position remains unfilled or if a vacancy occurs during a school term, a superintendent may employ an individual, who will have supervisory or disciplinary authority over minors, on probationary status pending receipt of the criminal history background check. Application for the criminal record of a probationary employee shall be made no later than the date probationary employment begins. (b) Employment shall be contingent on the receipt of the criminal history background check documenting that the probationary employee has no record of a sex crime nor as a violent offender as defined in KRS 17.165. (c) Notwithstanding KRS 161.720 to 161.800 or any other statute to the contrary, probationary employment under this section shall terminate on receipt by the school district of a criminal history background check documenting a record of a sex crime or as a violent offender as defined in KRS 17.165 and no further procedures shall be required. (d) The provisions of KRS 161.790 shall apply to terminate employment of a certified employee on the basis of a criminal record other than a record of a sex crime or as a violent offender as defined in KRS 17.165. (8) (a) Each application or renewal form, provided by the employer to an applicant for a classified position, shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A STATE CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT. UNDER CERTAIN CIRCUMSTANCES, A NATIONAL CRIMINAL HISTORY BACKGROUND CHECK MAY BE REQUIRED AS A CONDITION OF EMPLOYMENT." (b) Each application or renewal form, provided by the employer to an applicant for a certified position, shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT, STATE LAW REQUIRES A NATIONAL AND STATE CRIMINAL HISTORY BACKGROUND CHECK AS A CONDITION OF EMPLOYMENT." (c) Each application form for a district position shall require the applicant to: 1. Identify the states in which he or she has maintained residency, including the dates of residency; and 2. Provide picture identification. (9) The provisions of subsections (4), (5), (6), (7), and (8) of this section shall apply to a nonfaculty coach or nonfaculty assistant as defined under KRS 161.185. (10) A school-based decision making council parent member, as defined under KRS 160.345, shall submit to a state and national fingerprint-supported criminal history background check by the Department of Kentucky State Police and the Federal Bureau of Investigation. The results of the state criminal history background check and the results of the national criminal history background check, if requested, shall be sent to the district superintendent. Any fee charged by the Department of Kentucky State Police shall be an amount no greater than the actual cost of processing the request and conducting the search. A parent member may serve prior to the receipt of the criminal history background check report but shall be removed from the council on receipt by the school district of a report documenting a record of a sex crime or criminal offense against a victim who is a minor as defined in KRS 17.500 or as a violent offender as defined in KRS 17.165, and no further procedures shall be required. (11) Notwithstanding any provision of the Kentucky Revised Statutes to the contrary, when an employee of the school district is charged with any offense which is classified as a felony, the superintendent may transfer the employee to a second position until such time as the employee is found not guilty, the charges are dismissed, the employee is terminated, or the superintendent determines that further personnel action is not required. The employee shall continue to be paid at the same rate of pay he or she received prior to the transfer. If an employee is charged with an offense outside of the Commonwealth, this provision may also be applied if the charge would have been treated as a felony if committed within the Commonwealth. Transfers shall be made to prevent disruption of the educational process and district operations and in the interest of students and staff and shall not be construed as evidence of misconduct.

161.148. Use of volunteer personnel — Criminal records check — Orientation — Exception. (1) As used in this section, "volunteers" means adults who assist teachers, administrators, or other staff in public school classrooms, schools, or school district programs, and who do not receive compensation for their work. (2) Local school districts may utilize adult volunteers in supplementary instructional and noninstructional activities with pupils under the direction and supervision of the professional administrative and teaching staff. (3) Each board of education shall develop policies and procedures that encourage volunteers to assist in school or district programs. (4) Each local board of education shall develop and adopt a policy requiring a state criminal records check on all volunteers who have contact with students on a regularly scheduled or continuing basis, or who have supervisory responsibility for children at a school site or on school-sponsored trips. The request for records may be from the Justice and Public Safety Cabinet or the Administrative Office of the Courts, or both, and shall include records of all available convictions as described in KRS 17.160(1). Any request for a criminal records check of a volunteer under this subsection shall be on a form or through a process approved by the Justice and Public Safety Cabinet or the Administrative Office of the Courts. If the cabinet or the Administrative Office of the Courts charges fees, the local board of education shall arrange to pay the cost which may be from local funds or donations from any source including volunteers. (5) The local board of education shall provide orientation material to all volunteers who have contact with students on a regularly scheduled or continuing basis, including school policies, safety and emergency procedures, and other information deemed appropriate by the local board of education. (6) The provisions of this section shall not apply to students enrolled in an educational institution and who participate in observations and educational activities under direct supervision of a local school teacher or administrator in a public school.

Sec. 15.[Public, private and secondary school systems; Criminal history checks] A. (1)(a) No person who has been convicted of or has pled nolo contendere to a crime listed in R.S. 15:587.1(C) shall be hired by any city, parish, or other local public school board or any nonpublic school or school system as a teacher, substitute teacher, bus driver, substitute bus driver, or janitor, or as a temporary, part-time, or permanent school employee of any kind unless approved in writing by a district judge of the parish and the district attorney or, if employed on an emergency basis, unless approved in writing by the superintendent of the school system. Any such statement of approval shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer. Also, not later than thirty days after its being placed on file by the school, the school principal shall submit a copy of any such statement of approval to the state superintendent of education. (b) For purposes of this Section, any person employed to provide cafeteria, transportation, or janitorial or maintenance services by any person or entity that contracts with a school or school system to provide such services shall be considered to be hired by a school system. (c) This Section shall not apply to any nonpublic school or nonpublic school system which contracts with an entity providing any of the services listed in Subparagraph (b) of this Paragraph to a nonpublic school or nonpublic school system when such school or school system determines that the employees of such contractor will have limited contact with students. In determining whether such a contractor's employee will have limited contact with students, the nonpublic school or nonpublic school system shall consider the totality of the circumstances, including factors such as the length of time the contractor's employee will be on the school grounds, whether students will be in proximity with the site where the contractor's employee will be working, and whether the contractor's employee will be working by himself or with others. If a nonpublic school or nonpublic school system has made this determination, it shall take appropriate steps to protect the safety of any students that may come in contact with such a contractor's employee. (2)(a) A city, parish or other local public school board shall dismiss: (i) Any teacher upon the final conviction of such teacher of any crime listed in R.S. 15:587.1(C), except R.S. 14:74, and any teacher who has pled nolo contendere to any crime listed in R.S. 15:587.1(C), except R.S. 14:74, after a hearing held pursuant to the provisions of Part II of Chapter 2 of this Title. (ii) Any other school employee if such employee is convicted of or pleads nolo contendere to a crime listed in R.S. 15:587.1(C), except R.S. 14:74. (iii) The superintendent of schools of any school system dismissing an employee pursuant to the provisions of this Paragraph shall notify the state superintendent of education of the employee's dismissal not later than thirty days after such dismissal. (b) A city, parish or other local public school board may reemploy a teacher or other school employee who has been convicted of a crime listed in R.S. 15:587.1(C), except R.S. 14:74, only upon written approval of the district judge of the parish and the district attorney, or upon written documentation from the court in which the conviction occurred stating that the conviction has been reversed, set aside, or vacated. Any such statement of approval of the judge and the district attorney and any such written documentation from the court shall be kept on file at all times by the school and shall be produced upon request to any law enforcement officer. Also, not later than thirty days after its being placed on file by the school, the school principal shall submit a copy of any such statement of approval or written documentation from the court to the state superintendent of education. B. Each city, parish, and other local public school board shall establish, by regulation, requirements and procedures consistent with the provisions of R.S. 15:587.1 under which the school systems shall determine whether an applicant or employee, including any person employed as provided in Subparagraph (A)(1)(b) of this Section, has been arrested for or convicted of or pled nolo contendere to any criminal offense. Included in this regulation shall be the requirement and the procedure for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information prior to employment of such person. A person who has submitted his fingerprints to the Louisiana Bureau of Criminal Identification and Information may be temporarily hired pending the report from the bureau as to any convictions of or pleas of nolo contendere by the person to a crime listed in R.S. 15:587.1(C), except R.S. 14:74. C. The State Board of Elementary and Secondary Education by rule adopted in accordance with the Administrative Procedure Act may establish requirements and procedures consistent with the provisions of R.S. 15:587.1 for the state Department of Education to determine whether an applicant for, or the recipient of, any certificate or license issued in accordance with state law or board policy, or both, by the department or by the board and who might reasonably be expected to be placed in a position of supervisory or disciplinary authority over school children has been arrested for or convicted of or pled nolo contendere to any criminal offense. Included in this rule shall be the requirement and the procedure for the submission of a person's fingerprints in a form acceptable to the Louisiana Bureau of Criminal Identification and Information. D. For the purposes of this Section, city, parish, or other local public school board shall mean the governing authority of any public elementary or secondary school. E. A teacher or any other school employee upon his final conviction or plea of guilty or nolo contendere to any criminal offense, shall report the fact of his conviction or plea to his employer within forty-eight hours of the conviction or plea of guilty or nolo contendere. [Sec. 15, as amended by 15:587.1. Provision of information to protect children--A. (1)(a) As provided in R.S. 15:825.3, R.S. 17:15, Children's Code Article 424.1, and R.S. 46:51.2 and 1441.13, any employer or others responsible for the actions of one or more persons who have been given or have applied to be considered for a position of supervisory or disciplinary authority over children, and as provided in R.S. 46:51.2(A), the Department of Social Services as employer of one or more persons who have been given or have applied to be considered for a position whose duties include the investigation of child abuse or neglect, supervisory or disciplinary authority over children, direct care of a child, or performance of licensing surveys shall request in writing that the bureau supply information to ascertain whether that person or persons have been arrested for or convicted of, or pled nolo contendere to, any criminal offense. The request must be on a form prepared by the bureau and signed by a responsible officer or official of the organization or department making the request. It must include a statement signed by the person about whom the request is made which gives his permission for such information to be released. (b) In responding to a request for information as provided for in Subparagraph (a) of this Paragraph, the bureau shall make available a record of all criminal arrests and convictions prior to the date of request. Any recipient of such information as provided in this Paragraph shall maintain the confidentiality of such criminal history information in accordance with applicable federal or state law. (c) The bureau, upon receiving a request as provided for in Subparagraph (a) of this Paragraph, shall provide a report promptly and in writing, but provide only such information as is necessary to specify whether or not that person has been arrested or convicted of or pled nolo contendere to any such crime or crimes, the crime or crimes of which he has been arrested or convicted or to which he has pled nolo contendere, and the date or dates on which they occurred. (2) In addition to the requirements of Paragraph (1) of this Subsection, in responding to a request pursuant to R.S. 17:15, the bureau shall make available to the state Department of Education and to the governing authority of any elementary and secondary school a record of all criminal convictions prior to the date of request. Any recipient of such information as provided in this Paragraph shall maintain the confidentiality of such criminal history information in accordance with applicable federal or state law. B. Upon receiving a request pursuant to the provisions of R.S. 17:15, and R.S. 46:51.2 when authorized by R.S. 15:587, that meets the requirements of Subsection A of this Section, the bureau of criminal identification and information shall survey its criminal history records and identification files and make a simultaneous request of the Federal Bureau of Investigation for like information from other jurisdictions. The bureau of criminal identification and information shall provide a report promptly and in writing, but provide only such information as is necessary to specify whether or not that person has been arrested for or convicted of or pled nolo contendere to any crime or crimes, the crime or crimes of which he has been arrested for or convicted or to which he has pled nolo contendere, and the date or dates on which they occurred. C. The provisions of R.S. 15:825.3, R.S. 17:15, R.S. 46:51.2 and 1441.13, and Children's Code Article 424.1 shall govern the employment of persons who have been convicted of, or pled nolo contendere to, any of the following crimes: (1) R.S. 14:30, R.S. 14:30.1, R.S. 14:31, R.S. 14:41 through R.S. 14:45, R.S. 14:74, R.S. 14:78, R.S. 14:79.1, R.S. 14:80 through R.S. 14:86, R.S. 14:89, R.S. 14:89.1, R.S. 14:92, R.S. 14:93, R.S. 14:93.2.1, R.S. 14:93.3, crimes of violence as defined in R.S. 14:2(B), sex offenses as defined in R.S. 15:541, R.S. 14:106, R.S. 14:282, R.S. 14:283.1, R.S. 14:284, R.S. 14:286, R.S. 40:966(A), R.S. 40:967(A), R.S. 40:968(A), R.S. 40:969(A), and R.S. 40:970(A) or convictions for attempt or conspiracy to commit any of those offenses; (2) Those of a jurisdiction other than Louisiana which, in the judgment of the bureau employee charged with responsibility for responding to the request, would constitute a crime under the provisions cited in this Subsection, and (3) Those under the Federal Criminal Code[fn1] having analogous elements of criminal and moral turpitude. D. (1) The costs of providing the information required under this Section shall be charged by the bureau to the private employer or to the department, office, or other agency of government which has given, or is considering giving, a person supervisory or disciplinary authority over children or which made the request for information pursuant to the provisions of R.S. 17:15 or R.S. 46:51.2. Neither the individual applicant nor a judge exercising juvenile jurisdiction shall bear such costs. (2) The prohibition in Paragraph (1) of this Subsection against an individual applicant bearing any of the costs of providing information shall not apply to requests made pursuant to the provisions of R.S. 17:15 or R.S. 46:51.2. E. In addition to any penalties otherwise imposed under the provisionsof this Chapter, the head of or other responsible person for any public entity who fails to comply with the provisions of Subsection A of this Section or who employs any person in violation of the provisions of R.S. 15:825.3, R.S. 17:15, or R.S. 46:51.2(A) or (B), shall be fined not more than five hundred dollars. F. This Section may be cited as the "Louisiana Child Protection Act". G. Notwithstanding any other provision of law to the contrary, the bureau and the Department of Public Safety and Corrections, corrections services, may utilize the National Crime Information Center to conduct such background checks as are required by this Section. H. Any licensed child placement agency as defined in Children's Code Article 1169 and any person authorized to conduct preplacement home studies pursuant to Children's Code Article 1172 shall be entitled to information from the bureau to ascertain whether a person has been arrested for or convicted of, or pled nolo contendere to, any criminal offense. The bureau shall, upon request and after receipt of fingerprint cards or other identifying information from the licensed child placement agency or person authorized to conduct preplacement adoption home studies, make available to the agency or person only that information contained in the bureau's criminal history record and identification files necessary in determining whether a person has been arrested for or convicted of, or pled nolo contendere to, a crime. The bureau shall charge the cost of providing such information to the agencies and persons entitled to receive the information as provided in this Subsection. I. Notwithstanding any other provision of law to the contrary, the Department of Social Services, office of community services, may utilize the National Crime Information Center to conduct background checks authorized in R.S. 15:587 when investigating or responding to reports of abuse or neglect as provided for in Section 151 of Public Law 109-248. [fn1] Federal Criminal Code provisions are in Title 18 of U.S.C.A.

2-206.1 EDUC. Nonpublic school employment restriction; penalty.--**Update Notice: This section has been amended by CHAPTER 26 OF 2010--(a) Employment practices. — A nonpublic school that is subject to the requirements of this title may not hire or retain any employee who works with or has access to students and who the school knows has been convicted of a crime involving: (1) An offense under § 3-307 of the Criminal Law Article; (2) Child sexual abuse under § 3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under § 3-602 of the criminal law article if committed in this State; or (3) A crime of violence as defined in § 14-101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14-101 of the Criminal Law Article if committed in this State. (b) Penalty. — The Department shall revoke the certificate of approval or letter of tentative approval of a nonpublic school that violates this section.

5-561.Required criminal history checks (a) History records check application required.—Notwithstanding any provision of law to the contrary, an employee and employer in a facility identified in subsection (b) of this section and persons identified in subsection (c) of this section shall apply for a national and State criminal history records check at any designated law enforcement office in this State. (b) Facilities requiring criminal history records check.—The following facilities shall require employees and employers to obtain a criminal history records check under this Part VI of this subtitle: (1) a child care center required to be licensed under Part VII of this subtitle; (2) a family day care home required to be registered under Part V of this subtitle; (3) a child care home required to be licensed under this subtitle or under Title 9 of the Human Services Article; (4) a child care institution required to be licensed under this subtitle or under Title 9 of the Human Services Article; (5) a juvenile detention, correction, or treatment facility provided for in Title 9 of the Human Services Article; (6) a public school as defined in Title 1 of the Education Article; (7) a private or nonpublic school required to report annually to the State Board of Education under Title 2 of the Education Article; (8) a foster care family home or group facility as defined under this subtitle; (9) a recreation center or recreation program operated by State or local government primarily serving minors; or (10) a day or residential camp, as defined in Title 10, Subtitle 16 of the Code of Maryland Regulations, primarily serving minors. (c) The following individuals shall obtain a criminal history records check under this Part VI of this subtitle: (1) an individual who is seeking to adopt a child through a child placement agency; (2) an individual who is seeking to become a guardian through a local department; (3) an individual whom the juvenile court appoints as a guardian of a child; (4) an adult relative with whom a child, committed to a local department, is placed by the local department; (5) any adult known by a local department or the state department of education to be residing in: (i) a family child care home or large family child care home required to be registered under this title; (ii) a home of an adult relative of a child with whom the child, committed to a local department, is placed by the local department; (iii) a foster care home or child care home required to be approved under this title; (iv) a home of an individual seeking to adopt a child through a child placement agency; or (v) a home of an individual seeking to become a guardian through a local department; and (6) if requested by a local department: (i) a parent or guardian of a child who is committed to the local department and is or has been placed in an out-of-home placement within the past year; and (ii) any adult known by the local department to be residing in the home of the parent or guardian. (d) Volunteers at facilities.—An employer at a facility under subsection (b) of this section may require a volunteer at the facility to obtain a criminal history records check under this Part VI of this subtitle. (e) Volunteers at a local department.—A local department may require a volunteer of that department who works with children to obtain a criminal history records check under this Part VI of this subtitle. (f) Facilities not identified in subsection (b).—An employer at a facility not identified in subsection (b) of this section who employs individuals to work with children may require employees, including volunteers, to obtain a criminal history records check under this Part VI of this subtitle. (g) Employer responsibility.—An employer, as defined in § 5-560(e)(2) of this subtitle, shall require an employee, as defined in § 5-560(d)(2) of this subtitle, to obtain a criminal history records check under this Part VI of this subtitle. (h) Fees—In general.—(1) Except as provided in paragraph (2) of this subsection, a person who is required to have a criminal history records check under this Part VI of this subtitle shall pay for: (i.) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; (ii.) reasonable administrative costs to the Department, not to exceed 10% of the processing fee; and (iii) the fee authorized under §10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records. (2) A volunteer under subsection (d), (e), or (f) of this section who volunteers for a program that is registered with the Maryland mentoring partnership is not required to pay for costs or fees under paragraph (1)(ii) and (iii) of this subsection. (i) Payment by employer or other party; payments for adults residing in foster care homes or in home of parent or guardian.— (1) An employer or other party may pay for the costs borne by the employee or other individual under subsection (h) of this section. (2) The local department shall reimburse: (i) an adult residing in a foster care home for the costs borne by the individual under subsection (h) of this section; and (ii) an individual described in subsection (c) (4) (ii) of this section for the costs borne by the individual under subsection (h) of this section.

5-564.Department's duties; Procedures (a) In general.—(1) (i) The Department shall conduct the criminal history records check and issue the printed statement provided for under this Part VI of this subtitle. (ii) It shall update an initial criminal history records check for an employee, employer, or individual identified in §5-561(c), (d), (e), or (f) of this subtitle and issue a revised printed statement, listing any convictions, probation before judgment dispositions, not criminally responsible dispositions, or pending criminal charges occurring in the State after the date of the initial criminal history records check. (2) The Department shall adopt regulations requiring: (i) employers to verify periodically the continuing employment of an employee and the continuing assignment of a volunteer; (ii) State or local agencies that license, register, approve, or certify any of the facilities identified in §5-561(b) of this subtitle to verify periodically the continuing licensure, registration, approval, or certification of a facility or the continuing assignment of individuals identified in §5-561(e) of this subtitle; and (iii) child placement agencies that place a child as described in §5-561(c) of this subtitle to verify periodically the continuing participation or presence of individuals identified in §5-561(c) of this subtitle. (3) The employee, employer, volunteer, or other individual identified in §5-561 of this subtitle is not responsible for payment of any fee to update criminal history records checks. (b) Distribution of applicant's State criminal record.—(1) The Department shall provide an initial and a revised statement of the applicant's State criminal record to: (i) the recipients of the printed statement specified in subsection (c) of this section; and (ii) the State Department of Education if the applicant is: 1. An employee of, or an adult resident in, a child care center that is required to be licensed or to hold a letter of compliance under Part VII of this subtitle; 2. An employee of, or an adult resident in, a family child care home or large family child care home that is required to be registered under part V of this subtitle; or 3. An individual who provides or agrees to provide informal child care or an adult who resides in a home where informal child care is being provided or will be provided to a child who does not reside there. (2) The Department shall distribute the printed statement in accordance with federal law and regulations on dissemination of FBI identification records. (i) record on a printed statement the existence of a conviction, a probation before judgment disposition, a not criminally responsible disposition, or pending charge reported in the criminal history record information received from the FBI Identification Division; and (ii) distribute the printed statement in accordance with federal law and regulations on dissemination of FBI identification records. (c) Information contained in printed statement.—The recording of the existence of a conviction, a probation before judgment disposition, a not criminally responsible disposition, or pending charge, contained in the criminal history record information received from the FBI Identification Division: (1) may not identify or disclose to a private entity the specific crime or attempted crime in the employee's, employer's, or applicant's criminal history record; and (2) shall disclose to a private entity the existence of a conviction, a probation before judgment disposition, a not criminally responsible disposition, or pending charges for any of the crimes, attempted crimes, or a criminal offense that is equivalent to those enumerated in the regulations adopted by the Department. (d) Submission of printed statement.—(1) Upon completion of the criminal history records check of an employee, the Department shall submit the printed statement to: (i) the employee's current or prospective employer at the facility or program; (ii) the employee; and (iii) for an employee of a child care center that is required to be licensed or to hold a letter of compliance under Part VII of this subtitle or an employee of a family day care home that is required to be registered under Part V of this subtitle, the State Department of Education. (2) Upon receiving a written request from an employee, the Department shall submit the printed statement to additional employers, if the criminal history records check was completed during the prior 180 days. (3) Upon completion of the criminal history records check of an employer, the Department shall submit the printed statement to: (i) the appropriate State or local agency responsible for the licensure, registration, approval, or certification of the employer's facility; and (ii) the employer. (4) Upon completion of the criminal history records check of an individual identified in §5-561(c), (d), (e), or (f) of this subtitle, the Department shall submit the printed statement to the appropriate child placement or registering agency. (e) Confidentiality of information.—Information obtained from the Department under this Part VI of this subtitle shall be confidential and may be disseminated only to the individual who is the subject of the criminal history records check and to the participants in the hiring or approval process. (f) Limitations on use of information.—Information obtained from the Department under this Part VI of this subtitle may not: (1) be used for any purpose other than that for which it was disseminated; or (2) be redisseminated. (g) Maintenance of information.—Information obtained from the Department under this Part VI of this subtitle shall be maintained in a manner to insure the security of the information.

5-564.1.Cross-reference checks The state department of education shall conduct a cross-reference check, including cross-referencing the individual and the individual's address, with the central registry of registrants transmitted weekly by the department under section 11-713 of the criminal procedure article, of: (1) an employee, employer, or individual identified in section 5-561(b)(1), (b)(2), or (c)(5)(i) of this subtitle; and (2) an individual who provides or agrees to provide informal child care, as defined in child care subsidy regulations adopted under Title 13A of the Code of Maryland Regulations.

G.L.c. 6, § 172I. Schools to obtain criminal records of taxicab Employees--Section 172I. Notwithstanding section 172 or any other general or special law to the contrary, taxicab companies that have contracted to provide transportation of pupils pursuant to section 7A of chapter 71 shall submit the names of any employee who may have direct and unmonitored contact with pupils to the appropriate school committee or school superintendent prior to transporting any pupil. The school committee or superintendent shall obtain all available criminal offender record information on such employees from the criminal history systems board pursuant to section 38R of chapter 71.

GL 15D Section 7 (a) The department shall issue and may renew a license to any person other than a department, agency or institution of the commonwealth or any political subdivision thereof, who meets applicable standards and requirements to establish and maintain or to assist in the establishment and maintenance of a school-aged child care program, a child care center, family child care home, placement agency or large family child care home, family foster care which is not supervised and approved by a placement agency, group care facility or temporary shelter facility. As part of the department's licensure and Background Record Check process, the department shall conduct fingerprint-based checks of the state and national criminal history databases, pursuant to section 16962 of chapter 42 of the United States Code, before issuing any license. Said fingerprint-based checks shall be conducted on any applicant for a family child care, small group and school age, large group and school age, residential and placement license or family child care assistant certificate. In addition, said fingerprint based checks shall be conducted for all applicants for employment, who have the potential for unsupervised contact with children, in any department licensed or funded program and for all household members or persons regularly on the premises, aged 15 and older, of applicants for family child care licensure. Such fingerprint-based checks shall also be required for all in-home non-relative department funded caregivers, and for all applicants to be adoptive or foster parents. Authorized department staff may receive and appropriately disseminate all criminal offender record information and the results of checks of state and national criminal information databases, pursuant to section 16962 of chapter 42 of the United States Code, in accordance with the law. When the department obtains the results of checks of state and national criminal information databases, it shall treat such information in keeping with the provisions of sections 167 through 178, inclusive, of chapter 6 and the regulations thereto, regarding criminal offender record information. (b) The department shall issue approval to a department, agency, or institution of the commonwealth or any political subdivision thereof which it determines meets the applicable standards and requirements to establish and maintain a child care center, family child care home or large family child care home, placement agency, group care facility or temporary shelter facility. As part of the department's approval process, the department shall conduct fingerprint-based checks of the national crime information databases pursuant to section 16962 of chapter 42 of the United States Code before issuing any approval. Said fingerprint based checks shall be conducted for all applicants for employment, who have the potential for unsupervised contact with children, in any department approved program. Authorized department staff may receive and appropriately disseminate all criminal offender record information and the results of checks of state and national criminal information databases, pursuant to section 16962 of chapter 42 of the United States Code, in accordance with the law. When the department obtains the results of checks of state and national criminal information databases, it shall treat such information in keeping with the provisions of sections 167 through 178, inclusive, of chapter 6 and the regulations thereto, regarding criminal offender record information.

GL 15D Section 8 (a) The board shall adopt regulations relative to the requirements for licensure and approval of school-aged child care programs, child care centers, family child care homes or large family child care homes and family foster care which is not supervised and approved by a placement agency, placement agencies, group care facilities or temporary shelter facilities. These regulations shall be appropriate for the protection of the health, well-being and development of children and shall include, but need not be limited to, provisions relative to: (1) admission policies and procedures; (2) safe transport of children; (3) physical plant and equipment; (4) the number and qualifications of staff; (5) the nature of programs of care or treatment; (6) behavior management and child guidance policies and procedure; (7) health care and nutrition; (8) rights and responsibilities of parents, children and staff; (9) record keeping and other procedures relevant to evaluation including, but not limited to, reports by placement agencies detailing the number and nature, as defined jointly by the University of Massachusetts center for adoption research and policy in the city of Worcester and the department of children and families, of adoptions processed during each calendar quarter to be filed with the center on or before January 30 annually; (10) organization, financing and administration; and (11) the imposition of civil fines and other sanctions. The board shall consult with the board of elementary and secondary education and the executive offices of public safety and health and human services before adopting these rules and regulations. The board shall submit any rules and regulations, or revisions to them, to the joint committee on education for review and comment at least 60 days before adoption. (b) The regulations may establish classifications for licensure or approval that are necessary to achieve the purposes of this section, but the standards and requirements for approval of a child care center, family child care home or large family child care home, placement agency, group care facility, or temporary shelter operated by a department, agency or institution of the commonwealth or any political subdivision thereof shall be the same as or higher than those applicable to the licensure of comparable facilities or services. The regulations shall establish reasonable license fees which shall incorporate all fees associated with conducting fingerprint-based checks of the state and national criminal history databases, pursuant to section 16962 of chapter 42 of the United States Code, as set by the department and appropriate terms for all licenses granted under this section. No license or approval shall be transferable. As part of the department's approval process, the department shall conduct fingerprint-based checks of the national crime information databases pursuant to section 16962 of chapter 42 of the United States Code before issuing any approval. Said fingerprint based checks shall be conducted for all applicants for employment, who have the potential for unsupervised contact with children, in any department approved program. Authorized department staff may receive and appropriately disseminate all criminal offender record information and the results of checks of state and national criminal information databases, pursuant to section 16962 of chapter 42 of the United States Code, in accordance with the law. When the department obtains the results of checks of state and national criminal information databases, it shall treat such information in keeping with the provisions of sections 167 through 178, inclusive, of chapter 6 and the regulations thereto, regarding criminal offender record information. (c) The regulations, as they relate to standards and requirements for licensure and approval of large family child care homes, shall include, but not be limited to, appropriate standards for: 1 or more approved assistants as provided in this chapter; additional floor space; staff-to-child ratios for multiple age and size groupings; limitations on the number of infants in care at 1 time; the hours of school-aged care; the number and age of school-aged children cared for; a prerequisite that a provider have at least 3 years of experience in licensed family child care and have completed at least 5 hours of specialized training before licensure as a large family child care provider and at least 10 hours of training each subsequent year. In formulating the regulations pertinent to family child care homes, large family child care homes and family foster care, the department shall give special attention to fire and safety precautions. (d) The regulations shall provide that each person providing child care or support services with the potential for unsupervised contact with children in any program or facility licensed or funded by the department, as well as any household members or persons regularly on the premises of family child care and large family child care homes, shall be subject to a criminal offender record information check and fingerprint-based checks of the state and national criminal history databases pursuant to section 16962 of chapter 42 of the United States Code. (e) Any rule or regulation involving medical treatment shall include appropriate exemptions for children whose parents object to such treatment on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which the parent or child is an adherent or member. The regulations shall require that each child care program licensed or approved by the department shall obtain from a parent or guardian of a child in care under the age of 6 years, but not less than 2 years of age, a statement, signed by a physician or an employee of a health care agency, that the child has been screened for lead poisoning. This statement shall be obtained upon the child's enrollment if the child is 2 years of age or older or at the time the child reaches 2 years of age. (f) The regulations shall require that any person who operates a school-age child care program, as defined in section 2 of chapter 132B, or a child care center shall comply with the requirements regarding pesticide applications as set forth in sections 6C to 6I, inclusive of said chapter 132B. (g) Fines authorized by this section shall range from $50 to $1,000. In no case shall a fine imposed on a family child care home, large family child care home or child care center exceed a maximum fine of $250 per violation. (h) The department shall provide consultation to assist applicants in meeting its requirements for licensure or approval, and in meeting other applicable state and local requirements relative to fire, safety, and zoning codes. (i) The board shall conduct a comprehensive review of rules and regulations established under this section at least once every 5 years. department of early education and care for the purpose of determining the suitability of current and prospective employees in any department licensed or funded program and for all household members or persons regularly on the premises, aged 15 or older, of applicants for family child care licensure, all in-home non-relative department funded caregivers, and for all applicants to be adoptive or foster parents. The department of criminal justice information services shall disseminate the results of the criminal background check to the department. Said department of criminal justice information services shall only disseminate information under this section that would otherwise be available to requesting entities under the provisions of sections 167 through 178, inclusive, of chapter 6 and the regulations thereto, regarding criminal offender record information. The department, with approval from the board, shall amend its Background Record Check regulations in a manner necessary to carry out the provisions of this section, provided that the regulations may reflect a phased-in schedule for the fingerprint-based background checks, provided, however, that such phase-in shall not begin prior to September 1, 2013. Any and all persons required to undergo the fingerprinting process described in this chapter, including but not limited to any applicant for department licensure or for employment at a department licensed or funded program, or any household member or person regularly on the premises, aged fifteen and above in a family child care program, any prospective foster or adoptive parent, and any in-home non-relative caregiver, shall pay a fee, to be established by the department in consultation with the secretary of public safety and security, to offset the costs of operating and administering a fingerprint-based criminal background check system, provided that said fee shall not exceed 35 dollars per person; provided, further, that the fee may increase accordingly if the federal bureau of investigation increases its fees for fingerprint background checks services. The department licensed or funded programs may reimburse applicants for employment for all or part of the fee on grounds of financial hardship. The fee shall be deposited into the Fingerprint-Based Background Check Trust Fund established under section 2FFFF of chapter 29. Section 2FFFF. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Fingerprint-Based Background Check Trust Fund to which shall be credited any appropriations or other monies authorized by the general court and specifically designated to be credited thereto, and any additional funds designated for deposit into the fund, including any private donations made available for deposit into the fund. Amounts credited to such fund shall be available, without further appropriation, to the executive office of public safety and security to carry out fingerprint-based state and national background criminal checks for the purposes of employment, professional licensure and other non-criminal justice purposes. The fund shall be utilized for the sole purpose of carrying out state and national criminal background checks and verifications, including, but not limited to, obtaining or contracting to obtain fingerprints and fees from subjects, making payments charged by the Federal Bureau of Investigation or other entity, staffing the department of state police and the department of criminal justice information services to submit fingerprints and to obtain, verify and disseminate the results of background checks, and maintaining the public safety information systems used to obtain access to fingerprint-based state and national criminal background information. The department of criminal justice information services shall report annually to the house and senate committees on ways and means and the joint committee on education on the cost of operating and administering the fingerprint-based criminal background check system, including expenditures from the fund and their purposes.

GL 38R. In a manner prescribed by the board of elementary and secondary education, the school committee and superintendent of any city, town or regional school district and the principal or other administrator, by whatever title the position be known, of a public or private school, including a chapter 71B approved special education school program, shall obtain periodically, but not less than every 3 years, from the department of criminal justice information services all available criminal offender record information for any current or prospective employee or volunteer of the school district, or for any subcontractor or laborer commissioned by the school committee or school to perform work on school grounds, who may have direct and unmonitored contact with children, including any individual who regularly provides school related transportation to children. Said school committee, superintendent of any city, town or regional school district or the principal or other administrator, by whatever title the position be known, of a public or private school, including a chapter 71B approved special education school program, shall also obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, for the purpose of determining the suitability of current and prospective employees of the school department who may have direct and unmonitored contact with children, provided, however, that school committees shall only obtain a state and national fingerprint- based criminal background check for current and prospective employees for whom they have direct hiring authority. Said superintendent, principal or other administrator shall also obtain such a check for any individual who regularly provides school related transportation to children and any subcontractor or laborer commissioned by the school committee or school to perform work on school grounds who may have direct and unmonitored contact with children. Fingerprints will be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the identification section and by the department of criminal justice information services. Fingerprint submissions and national criminal history checks may be retained by the department of criminal justice information services for the purpose of ensuring the continued suitability of those individuals, provided that said department is authorized to disseminate the results of a national criminal history check to a school committee, superintendent or principal, or their designees, for the purpose of determining the suitability of current and prospective employees of the school department, and to the department of elementary and secondary education for the purpose of determining the suitability of applicants for licensure and licensed educators who may have direct and unmonitored contact with children; provided, however, that the department of criminal justice information services is authorized to disseminate to school committees only those results for current and prospective employees for whom they have direct hiring authority. The department of criminal justice information services shall disseminate the results of the criminal background check to the school committee, superintendent or principal or the designee of the school committee, superintendent or principal, provided, however, that said department of criminal justice information services shall disseminate to school committees only those results for current and prospective employees for whom they have direct hiring authority. Entities that receive the results of national criminal background checks shall treat such information in keeping with the provisions of sections 167 through 178, inclusive, of chapter 6 and the regulations thereto, regarding criminal offender record information. Said department of criminal justice information services shall only disseminate information under this section that would otherwise be available to requesting entities under the provisions of sections 167 through 178, inclusive, of chapter 6 and the regulations thereto regarding criminal offender record information. Said school committee, superintendent or principal shall notify the commissioner of any criminal record information relevant to the fitness for licensure of any holder of, or applicant for, a Massachusetts educator's license. The board shall in a manner provided by law and in accordance with this section and sections 167 through 178, inclusive, of chapter 6 and the regulations thereto, promulgate regulations necessary to carry out this section. The regulations shall provide for the confidentiality of criminal offender record information and the results of finger-print based checks of the state and national criminal history databases, pursuant to section 16962 of chapter 42 of the United States Code, obtained pursuant to this section. The regulations may also address how fingerprint based background checks shall be conducted for student teacher candidates, and may reflect a phased-in schedule for the fingerprint-based background checks, provided, however, that such phase-in shall not begin prior to September 1, 2013. The applicant shall pay a fee, to be established by the secretary of administration and finance in consultation with the secretary of public safety and security and the commissioner, to offset the costs of operating and administering a fingerprint-based criminal background check system, provided that the fee shall not exceed 55 dollars for employees who are certified pursuant to section 38G and shall not exceed 35 dollars for employees who are not certified pursuant to section 38G, provided further, that said fee may increase accordingly if the federal bureau of investigations increases its fee for fingerprint background check services. The school committee, superintendent or principal may reimburse applicants all or part of the fee on grounds of financial hardship. The fee shall be deposited into the Fingerprint-Based Background Check Trust Fund established under section 2FFFF of chapter 29.

GL 119 51B (a) Upon receipt of a report filed under section 51A, the department shall investigate the suspected child abuse or neglect, provide a written evaluation of the household of the child, including the parents and home environment and make a written determination relative to the safety of and risk posed to the child and whether the suspected child abuse or neglect is substantiated. The department shall immediately report to the district attorney and local law enforcement authorities, a sexually exploited child or a child who is otherwise a human trafficking victim, regardless of whether the child is living with a parent, guardian or other caretaker. (b) The investigation shall include: (i) a home visit at which the child is viewed, if appropriate; (ii) a determination of the nature, extent and cause or causes of the injuries; (iii) the identity of the person or persons responsible therefore; (iv) the name, age and condition of other children in the same household; (v) an evaluation of the parents and the home environment; and (vi) all other pertinent facts or matters. The department shall coordinate with other agencies to make all reasonable efforts to minimize the number of interviews of any potential victim of child abuse or neglect. Upon completion of the investigation and evaluation, the department shall make a written determination relative to: (i) the safety of the child and risk of physical or emotional injury to that child and the safety of and risk thereto of any other children in the household; and (ii) whether the suspected child abuse or neglect is substantiated. (c) If the department has reasonable cause to believe a child's health or safety is in immediate danger from abuse or neglect, the department shall take a child into immediate temporary custody if it has reasonable cause to believe that the removal is necessary to protect the child from abuse or neglect. The investigation and evaluation shall commence within 2 hours of initial contact and an interim report with an initial determination regarding the child's safety and custody shall be completed as soon as possible but not more than 24 hours after initial contact. The final report required under this section shall be complete within 5 business days of initial contact. If a child is taken into immediate temporary custody, the department shall make a written report stating the reasons for such removal and shall file a care and protection petition under section 24 on the next court day. (d) If the department does not have reasonable cause to believe that a child's health or safety is in immediate danger from abuse or neglect, the investigation and evaluation shall commence within 2 business days of initial contact and a determination shall be made within 15 business days, unless a waiver has been approved by the area director or requested by law enforcement. (e) Notwithstanding subsection (c), whenever the department has reasonable cause to believe that removal is necessary to protect a child from abuse or neglect, it shall take the child into immediate temporary custody. If a child is taken into immediate temporary custody, the department shall make a written report stating the reasons for such removal and shall file a care and protection petition under section 24 on the next court day. (f) If a child named in a report filed under section 51A is in an out-of-home placement and the suspected child abuse or neglect is substantiated, the department shall notify his parents that such report was filed and has been substantiated by the department. If the child died or suffered serious bodily injury, the department shall notify the parents, including the biological parents, if the department determines that such notification is in the best interest of the child or of another child in the same placement. The department shall consult with these parents in decisions about removal or further placement. These notifications and consultations shall not be required if the commissioner determines that such notifications or consultations are not appropriate or in the best interests of a child. (g) The department shall offer appropriate services to the family of any child which it has reasonable cause to believe is suffering from any of the conditions described in the report to prevent further injury to the child, to safeguard his welfare, and to preserve and stabilize family life whenever possible. If the family declines or is unable to accept or to participate in the offered services, the department or any person may file a care and protection petition under section 24. (h) The department shall file in the central registry, established under section 51F, a written report containing information sufficient to identify each child whose name is reported under this section or section 51A. A notation shall be sent to the central registry whenever further reports on each such child are filed with the department. If the department determines during the initial screening period of an investigation that a report filed under section 51A is frivolous, or other absolute determination that abuse or neglect has not taken place, such report shall be declared as "allegation invalid''. If a report is declared "allegation invalid'', the name of the child, or identifying characteristics relating to the child, or the names of his parents or guardian or any other person relevant to the report, shall not be placed in the central registry or in any other computerized program utilized in the department. (i) The department may purchase and utilize such protective services of private and voluntary agencies as it determines necessary. (j) The department shall adopt regulations to implement the sections 51A to 51F, inclusive. (k) The department shall notify and shall transmit copies of substantiated 51A reports and its written evaluations and written determinations under subsection (a) or (b) to the district attorney for the county in which the child resides and for the county in which the suspected abuse or neglect occurred, and to the local law enforcement authorities in the city or town in which the child resides and in the city or town in which the suspected abuse or neglect occurred when the department has reasonable cause to believe that 1 of the conditions listed below resulted from abuse or neglect. The department shall immediately report to the district attorney and local law enforcement authorities listed above when early evidence indicates there is reasonable cause to believe that 1 of the conditions listed below resulted from abuse or neglect: (1) a child has died or has suffered brain damage, loss or substantial impairment of a bodily function or organ, substantial disfigurement, or serious physical injury including, but not limited to, a fracture of any bone, a severe burn, an impairment of any organ or an injury requiring the child to be placed on life-support systems; (2) a child has been sexually assaulted, which shall include a violation of section 13B, 13B1/2, 13B3/4, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24 or 24B of chapter 265. (3) a child has been sexually exploited, which shall include a violation of section 4A, 4B or 29A of said chapter 272 or is a sexually exploited child or a child who is otherwise a human trafficking victim; or (4) any other disclosure of physical abuse involving physical evidence which may be destroyed, any current disclosure by a child of sexual assault, or the presence of physical evidence of sexual assault. Within 45 days of the notification under the first paragraph, the department shall further notify the district attorney of a service plan, if any, developed for such child and his family. No provision of chapter 66A, sections 135 to 135B, inclusive, of chapter 112, or sections 51E and 51F of this chapter relating to confidential data or confidential communications shall prohibit the department from making such notifications or from providing to the district attorney or local law enforcement authorities any information obtained under this section. No person providing notification or information to a district attorney or local law enforcement authorities under this section shall be liable in any civil or criminal action by reason of such action. Nothing herein shall be construed to prevent the department from notifying a district attorney relative to any incident reported to the department under section 51A or to limit the prosecutorial power of a district attorney. (l) If the department substantiates a report alleging that abuse or neglect occurred at a facility approved, owned, operated or funded, in whole or in part, or was committed by an individual the department has reason to believe was licensed by the department of elementary and secondary education, the department of early education and care, the department of mental health, the department of developmental services, the department of public health or the department of youth services, or was employed at a facility approved or licensed by the department of early education and care the department shall notify the office of the child advocate and the affected department, in writing, by transmitting a copy of the report filed under section 51A and the department's written evaluation and written determination. If the department is aware of a licensing violation in any such facility, the department shall immediately notify the affected department. No provision of chapter 66A, sections 135 to 135B, inclusive, of chapter 112, or sections 51E and 51F, or any other provision of law shall prohibit: (i) the department from transmitting copies of reports filed under section 51A or its written evaluations and written determinations to the office of the child advocate or the affected departments; (ii) the department, the office of the child advocate and the affected departments from coordinating activities and sharing information for the purposes of this section or for investigating a licensing violation; or (iii) the department's employees from testifying at administrative hearings held by the affected department in connection with a licensing violation. (m) Notwithstanding any privilege created by statute or common law relating to confidential communications or any statute prohibiting the disclosure of information but subject to subsection (j) of section 51A, a mandated reporter shall answer questions and provide information posed by the department relating to an investigation conducted under this section, whether or not that person filed the 51A report being investigated. A statutory or common law privilege shall not preclude the admission of any such information in any civil proceeding concerning abuse or neglect of a child, placement or custody of a child. (n) No person required to provide such information under this section or permitted to disclose information under section 5A of chapter 119A shall be liable in any civil or criminal action for providing such information. (o) No employer shall discharge, discriminate or retaliate against a mandated reporter who, in good faith, provides such information, testifies or is about to testify in any proceeding involving child abuse or neglect unless such person perpetrated or inflicted such abuse or neglect. Any employer who discharges, discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney's fees. (p) If the department determines that a 51A report is not substantiated, the department shall notify in writing any and all sources or recipients of information in connection with the investigation that the report of abuse or neglect has not been substantiated, unless the target of the investigation requests that such notification not occur. (q) The department and the private agencies under contract with it, shall conduct periodic and regular training and education to caseworkers, screeners of 51A reports, and administrators of the department and the agencies regarding their duties and obligations under section 51A and 51B. (r) There shall be a review by a regional clinical review team when 3 or more 51A reports involving separate incidents have been filed on any child in a family within 3 months and a review by an area clinical review team when 3 or more 51A reports involving separate incidents have been filed on any child in a family within 1 year. SECTION 9. Sections 1, 2 and 7 of this act shall take effect for the 2013-2014 school year for new employees, provided that employees hired before that time shall submit fingerprints for federal background checks within 3 years. If an individual subject to section 1, 2 or 7 applies to work with another school district or Department of Early Education and Care licensed facility and has previously submitted a fingerprint based background check, the employer shall be authorized to access the individual's original background check from the department of criminal justice information services in order to determine the applicant's suitability for employment.

28.273. Voluntary fingerprinting; Licensing and employment; Fees (1) Until October 1, 2015, the department of state police may charge a fee, not to exceed $30.00, for taking and processing the fingerprints and completing a criminal record check of a resident of this state when the impression of the fingerprints are requested for employment-related or licensing-related purposes. A fee shall not be collected under this subsection if a fee for taking and processing fingerprints is collected under any other law. The fee shall not exceed the actual cost of taking and processing the impression of the fingerprints and completing a criminal record check on that person. The fee shall be collected and forwarded to the state police by the licensing body or the employer. (2) The department of state police shall submit a written report to the secretary of the senate and the clerk of the house of representatives by October 1 of each year stating whether the fee charged under subsection (1) is sufficient to support the actual costs of fingerprinting and what the actual costs of fingerprinting are. (3) Until October 1, 2015, the department of state police may charge a fee of $10.00 for processing and completing a name-based criminal record check. However, a fee shall not be charged under this subsection if a fee for processing the name-based criminal record check is charged under any other law or if the requester is a government agency or nonprofit charitable agency performing employment or volunteer employment name-based background checks through the internet criminal history access tool (ICHAT). [Sec. 28.273, as amended by P.A. 318 (H. 5793), L. 2012].

380.1230 Offer of full-time, part-time, or contract employment; criminal history check; employment as conditional employee; conditions; voiding contract and terminating employment; position as substitute teacher or substitute bus drivers; report received by another district; consent; request; conducting criminal history check; report; disclosure of conviction of listed offense or felony; verification; use; disclosure; violation as misdemeanor; penalty; exception; verification information; definitions.-- (1) Except as otherwise provided in this section, upon an offer of initial employment being made by the board of a school district or intermediate school district or the governing body of a public school academy or nonpublic school to an individual for any full-time or part-time employment or when school officials learn that an individual is being assigned to regularly and continuously work under contract in any of its schools, the district, public school academy, or nonpublic school shall request from the criminal records division of the department of state police a criminal history check on the individual and, before employing the individual as a regular employee or allowing the individual to regularly and continuously work under contract in any of its schools, shall have received from the department of state police the report described in subsection (8). (2) If the board of a school district or intermediate school district or the governing body of a public school academy or nonpublic school determines it necessary to hire an individual or to allow an individual to regularly and continuously work under contract for a particular school year during that school year or within 30 days before the beginning of that school year, the board or governing body may employ the individual as a conditional employee or conditionally allow the individual to regularly and continuously work under contract under this subsection without first receiving the report described in subsection (8) if all of the following apply: (a) The board or governing body requests the criminal history check required under subsection (1) before conditionally employing the individual or conditionally allowing the individual to regularly and continuously work under contract in any of its schools. (b) The individual signs a statement identifying all crimes for which he or she has been convicted, if any, and agreeing that, if the report described in subsection (8) is not the same as the individual's statement, his or her employment contract is voidable at the option of the board or governing body. The department shall develop and distribute to districts and nonpublic schools a model form for the statement required under this subdivision. The department shall make the model form available to public school academies. A district, public school academy, or nonpublic school shall use the model form for the purposes of this subsection. (3) If an individual is employed as a conditional employee under subsection (2) and the report described in subsection (8) is not the same as the individual's statement under subsection (2), the board or governing body may void the individual's employment contract. If an employment contract is voided under this subsection, the individual's employment is terminated, a collective bargaining agreement that would otherwise apply to the individual's employment does not apply to the termination, and the district, public school academy, or nonpublic school or the board or governing body is not liable for the termination. (4) For an applicant for a position as a substitute teacher or substitute bus driver, or for an individual who regularly and continuously works under contract in more than 1 school district, intermediate school district, public school academy, or nonpublic school, if the applicant or individual agrees in writing to allow a district, public school academy, or nonpublic school to share the results of the criminal history check with another district, public school academy, or nonpublic school, then instead of requesting a criminal history check under subsection (1), a school district, intermediate school district, public school academy, or nonpublic school may use a report received by another district, public school academy, or nonpublic school or maintained by the department to confirm that the applicant or individual does not have any criminal history. If that confirmation is not available, subsection (1) applies to the applicant or individual. (5) If an applicant is being considered for employment by more than 1 school district, intermediate school district, public school academy, or nonpublic school and if the applicant agrees in writing to allow a district, public school academy, or nonpublic school to share the report described in subsection (8) with another district, public school academy, or nonpublic school, a district, public school academy, or nonpublic school may satisfy the requirements of subsection (1) by obtaining a copy of the report described in subsection (8) from another district, public school academy, or nonpublic school. (6) An applicant for employment shall give written consent at the time of application for the criminal records division of the department of state police to conduct the criminal history check required under this section. (7) A school district, intermediate school district, public school academy, or nonpublic school shall make a request to the criminal records division of the department of state police for a criminal history check required under this section on a form and in a manner prescribed by the criminal records division of the department of state police. (8) Within 30 days after receiving a proper request by a school district, intermediate school district, public school academy, or nonpublic school for a criminal history check on an individual under this section, the criminal records division of the department of state police shall conduct the criminal history check and, after conducting the criminal history check and within that time period, provide a report of the results of the criminal history check to the district, public school academy, or nonpublic school. The report shall contain any criminal history record information on the individual maintained by the criminal records division of the department of state police. A school district, intermediate school district, public school academy, or nonpublic school that receives a report from the department of state police under this subsection shall retain that report in the individual's employment records. (9) If the report received by a school district, intermediate school district, public school academy, or nonpublic school under subsection (8), or a report received under section 1230a, 1230d(7), 1535a(15), or 1539b(15), discloses that an individual has been convicted of a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using public records and, if the information is verified, shall not employ the individual in any capacity, as provided under section 1230c, and shall not allow the individual to regularly and continuously work under contract in any of its schools. If the report received by a school district, intermediate school district, public school academy, or nonpublic school under subsection (8), or a report received under section 1230a, 1230d(7), 1535a(15), or 1539b(15), discloses that an individual has been convicted of a felony other than a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using public records and, if the information is verified using public records, shall not employ the individual in any capacity or allow the individual to regularly and continuously work under contract in any of its schools unless the superintendent or chief administrator and the governing board or governing body, if any, of the school district, intermediate school district, public school academy, or nonpublic school each specifically approves the employment or work assignment in writing. If a school district, intermediate school district, public school academy, or nonpublic school receives results described in this subsection, within 60 days after receiving those results the school district, intermediate school district, public school academy, or nonpublic school shall submit to the department in the form and manner prescribed by the department a report detailing the information and any action taken as a result by the school district, intermediate school district, public school academy, or nonpublic school. The department shall maintain a copy of this report for at least 6 years. (10) Criminal history record information received from the criminal records division of the department of state police under subsection (8) shall be used by a school district, intermediate school district, public school academy, or nonpublic school only for the purpose of evaluating an individual's qualifications for employment or assignment in the position for which he or she has applied or been assigned and for the purposes of subsections (3), (4), (5), and (12). A member of the board of a district or of the governing body of a public school academy or nonpublic school or an employee of a district, public school academy, or nonpublic school shall not disclose the report or its contents received under this section, except a misdemeanor conviction involving sexual or physical abuse or any felony conviction, to any person who is not directly involved in evaluating the applicant's qualifications for employment or assignment. However, for the purposes of subsections (4) and (5), a person described in this subsection may confirm to an employee of another district, public school academy, or nonpublic school that a report under subsection (8) has revealed that an individual does not have any criminal history or may disclose that no report under subsection (8) has been received concerning the individual, and for the purposes of subsections (4), (5), and (12), a person described in this subsection may provide a copy of the report under subsection (8) concerning the individual to an appropriate representative of another district, public school academy, or nonpublic school. For an individual who is regularly and continuously working under contract, if the individual agrees in writing, a district, public school academy, or nonpublic school may provide a copy of the results received under this section concerning the individual to an appropriate representative of the individual's employer. A representative of the individual's employer who receives a copy of a report, or receives results of a report from another source as authorized by this subsection, shall not disclose the report or its contents or the results of the report to any person outside of the employer's business or to any of the employer's personnel who are not directly involved in evaluating the individual's qualifications for employment or assignment. A person who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $10,000.00, but is not subject to the penalties under section 1804. As used in this subsection, "misdemeanor conviction involving sexual or physical abuse" includes, but is not limited to, a misdemeanor conviction for a listed offense; a misdemeanor conviction for violation of section 617a of the Michigan vehicle code, 1949 PA 300, MCL 257.617a; a misdemeanor conviction for violation of section 701 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701; a misdemeanor conviction for violation of section 81, 81a, 81c, 90c, 136b, 141a, 145, 145d, 145n, 233, 335a, or 411h of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a, 750.81c, 750.90c, 750.136b, 750.141a, 750.145, 750.145d, 750.145n, 750.233, 750.335a, and 750.411h; a misdemeanor conviction of section 6 of 1979 PA 53, MCL 752.796; or misdemeanor conviction for violation of a substantially similar law of another state, of a political subdivision of this state or another state, or of the United States. (11) Subject to subsection (12), if the criminal history check required under this section has been completed for a particular individual and the results reported to a school district, intermediate school district, public school academy, or nonpublic school as provided under this section, then another criminal history check is not required under this section for that individual as long as the individual remains employed with no separation from service by any school district, intermediate school district, public school academy, or nonpublic school in this state or remains regularly and continuously working under contract with no separation from service for the same employer in any school district, intermediate school district, public school academy, or nonpublic school in this state. For the purposes of this subsection, an employee is not considered to have a separation from service in any of the following circumstances: (a) The employee is laid off or placed on a leave of absence by his or her employer and returns to active employment with the same employer within 1 year after being laid off or placed on the leave of absence. (b) The employee transfers to another school district, intermediate school district, public school academy, or nonpublic school and remains continuously employed by any school district, intermediate school district, public school academy, or nonpublic school in this state. (12) If an individual described in subsection (11) is an applicant for employment in a different school district, intermediate school district, public school academy, or nonpublic school than the one that originally received the results of the criminal history check or that currently is in possession of the results of the criminal history check, or is being assigned to regularly and continuously work under contract in a different school district, intermediate school district, public school academy, or nonpublic school than the one that originally received the results of the criminal history check or that currently is in possession of the results of the criminal history check, then all of the following apply: (a) If the results of the individual's criminal history check have not already been forwarded to the new school district, intermediate school district, public school academy, or nonpublic school, the new school district, intermediate school district, public school academy, or nonpublic school shall request the school district, intermediate school district, public school academy, or nonpublic school that has the results to forward them to the new school district, intermediate school district, public school academy, or nonpublic school. Upon receipt of such a request, a school district, intermediate school district, public school academy, or nonpublic school that has the results shall forward them to the requesting school district, intermediate school district, public school academy, or nonpublic school. (b) If the results of the individual's criminal history check are not received by the new school district, intermediate school district, public school academy, or nonpublic school under this subsection or otherwise, then this section applies to the individual to the same extent as if he or she has had a separation from service. (c) If the results of the individual's criminal history check are received by the new school district, intermediate school district, public school academy, or nonpublic school under this subsection or otherwise, then that school district, intermediate school district, public school academy, or nonpublic school shall perform a criminal history check on that individual using the department of state police's internet criminal history access tool (ICHAT), ensuring that this criminal history check is based on the personal identifying information, including at least the individual's name, sex, and date of birth, that was associated with the results received from the previous school district, intermediate school district, public school academy, or nonpublic school. (d) If the search of the department of state police's ICHAT under subdivision (c) reveals that the individual has been convicted of a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using public records and, if the information is verified using public records, shall not employ the individual in any capacity, as provided under section 1230c, and shall not allow the individual to regularly and continuously work under contract in any of its schools. If a search of the department of state police's ICHAT under subdivision (c) reveals that the individual has been convicted of a felony other than a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using public records and, if the information is verified using public records, shall not employ the individual in any capacity or allow the individual to regularly and continuously work under contract in any of its schools unless the superintendent or chief administrator and the board or governing body, if any, of the school district, intermediate school district, public school academy, or nonpublic school each specifically approves the employment or work assignment in writing. (13) Subsection (1) does not apply to an individual who is being employed by or assigned to regularly and continuously work under contract in a school of a school district, intermediate school district, public school academy, or nonpublic school if the individual is not more than 19 years of age and is enrolled as a general education pupil of a school district, intermediate school district, public school academy, or nonpublic school or is not more than 26 years of age and is enrolled in special education programs or services in a school district, intermediate school district, public school academy, or nonpublic school. However, before employing the individual or assigning the individual to regularly and continuously work under contract in a school, the school district, intermediate school district, public school academy, or nonpublic school shall perform a criminal history check on that person using the department of state police's internet criminal history access tool (ICHAT). If a search of the department of state police's ICHAT reveals that the individual has been convicted of a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using public records and, if the information is verified using public records, shall not employ the individual in any capacity, as provided under section 1230c, and shall not allow the individual to regularly and continuously work under contract in any of its schools. If a search of the department of state police's ICHAT reveals that the individual has been convicted of a felony other than a listed offense, then the school district, intermediate school district, public school academy, or nonpublic school shall take steps to verify that information using public records and, if the information is verified using public records, shall not employ the individual in any capacity or allow the individual to regularly and continuously work under contract in any of its schools unless the superintendent or chief administrator and the board or governing body, if any, of the school district, intermediate school district, public school academy, or nonpublic school each specifically approves the employment or work assignment in writing. (14) For the purposes of subsections (9) and (13), the department shall make available to school districts, intermediate school districts, public school academies, and nonpublic schools information on how to verify a conviction using public records. (15) As used in this section: (a) "At school" means in a classroom, elsewhere on school property, or on a school bus or other school-related vehicle. (b) "Criminal history record information" means that term as defined in section 1a of 1925 PA 289, MCL 28.241a. (c) "Felony" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1. (d) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722. (e) "Regularly and continuously work under contract" means any of the following: (i) To work at school on a more than intermittent or sporadic basis as an owner or employee of an entity that has a contract with a school district, intermediate school district, public school academy, or nonpublic school to provide food, custodial, transportation, counseling, or administrative services, or to provide instructional services to pupils or related and auxiliary services to special education pupils. (ii) To work at school on a more than intermittent or sporadic basis as an individual under a contract with a school district, intermediate school district, public school academy, or nonpublic school to provide food, custodial, transportation, counseling, or administrative services, or to provide instructional services to pupils or related and auxiliary services to special education pupils. (f) "School property" means that term as defined in section 33 of the sex offenders registration act, 1994 PA 295, MCL 28.733.

380.1230c. Notice of conviction of listed offense; report to department; employment prohibited; definitions.-- (1) If a school official of a school district, intermediate school district, public school academy, or nonpublic school has notice from an authoritative source that an individual has been convicted of a listed offense, the board of the school district or intermediate school district, board of directors of the public school academy, or governing board of the nonpublic school shall take steps to verify that information using public records and, if the information is verified using public records, shall not employ that individual in any capacity or allow that person to regularly and continuously work under contract in any of its schools. If a school district, intermediate school district, public school academy, or nonpublic school receives notice described in this subsection, within 60 days after receiving that notice the school district, intermediate school district, public school academy, or nonpublic school shall submit to the department in the form and manner prescribed by the department a report detailing the information received and any action taken as a result by the school district, intermediate school district, public school academy, or nonpublic school. The department shall maintain a copy of this report for at least 6 years. (2) As used in this section: (a) "At school" means in a classroom, elsewhere on school property, or on a school bus or other school-related vehicle. (b) "Listed offense" means that term as defined in section 2 of the sex offenders registration act, 1994 PA 295, MCL 28.722. (c) "Regularly and continuously work under contract" means any of the following: (i) To work at school on a more than intermittent or sporadic basis as an owner or employee of an entity that has a contract with a school district, intermediate school district, public school academy, or nonpublic school to provide food, custodial, transportation, counseling, or administrative services, or to provide instructional services to pupils or related and auxiliary services to special education pupils. (ii) To work at school on a more than intermittent or sporadic basis as an individual under a contract with a school district, intermediate school district, public school academy, or nonpublic school to provide food, custodial, transportation, counseling, or administrative services, or to provide instructional services to pupils or related and auxiliary services to special education pupils. (d) "School property" means that term as defined in section 33 of the sex offenders registration act, 1994 PA 295, MCL 28.733.

257.1853 Drivers of school buses; qualifications; records; background check; smoking; alcoholic liquor or controlled substance; third party reimbursement or certain benefits not required.-- (1) A driver of a school bus shall, at a minimum, meet the following qualifications: (a) The requirements of sections 49 and 51. (b) For a school bus operating in intrastate transportation, the annual physical requirements for school bus drivers as authorized by the superintendent of public instruction. In meeting these physical requirements, the driver shall be examined by a licensed physician, physicians' assistant, or certified nurse practitioner and shall present the medical certificate to the employer. (c) An employer who has reason to believe that a driver is not physically qualified to drive may require a physical examination for that driver in accordance with subdivision (b) at more frequent intervals. If an employer requests a physical examination under this subdivision, the employer shall indicate in writing what physical impairment covered under the requirements of subdivision (b) the driver is to be examined for and shall only be entitled to that portion of the examination results that pertain to that impairment. An examination requested by the employer under this subdivision shall be paid for by the employer. (d) A copy of the medical certificate for a driver shall be carried by that driver while he or she is operating a school bus. (2) A record of each employed school bus driver, including a copy of his or her medical certificate, department of education certification, driver license, certificate of road test application for employment, and any other information that relates to driver qualification or ability to safely drive a school bus, shall be maintained in the employer's administrative office. (3) A school shall submit transportation safety related documents, such as driver qualification records, and vehicle maintenance records upon request for inspection and copying to motor carrier officers or vehicle safety inspectors of the department of state police. (4) Upon receipt of an application from a person for the position of school bus driver, a school shall request from the department of state police a background check to determine whether the person was convicted of any of the following offenses: (a) Criminal sexual conduct in any degree. (b) Assault with intent to commit criminal sexual conduct. (c) An attempt to commit criminal sexual conduct in any degree. (d) Felonious assault on a child, child abuse, or cruelty, torture, or indecent exposure involving a child. (e) A violation of section 145c of the Michigan penal code, 1931 PA 328, MCL 750.145c. (5) A person shall not smoke on a school bus. (6) A person shall not possess or consume alcoholic liquor or a controlled substance on a school bus. (7) This section does not require new or additional third party reimbursement or worker's compensation benefits for services rendered.

123B.03 Background Check. --Subdivision 1. Background check required. (a) A school hiring authority shall request a criminal history background check from the superintendent of the Bureau of Criminal Apprehension on all individuals who are offered employment in a school and on all individuals, except enrolled student volunteers, who are offered the opportunity to provide athletic coaching services or other extracurricular academic coaching services to a school, regardless of whether any compensation is paid. In order for an individual to be eligible for employment or to provide the services, the individual must provide an executed criminal history consent form and a money order or check payable to either the Bureau of Criminal Apprehension or the school hiring authority, at the discretion of the school hiring authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school district of conducting the criminal history background check. A school hiring authority deciding to receive payment may, at its discretion, accept payment in the form of a negotiable instrument other than a money order or check and shall pay the superintendent of the Bureau of Criminal Apprehension directly to conduct the background check. The superintendent of the Bureau of Criminal Apprehension shall conduct the background check by retrieving criminal history data as defined in section 13.87. A school hiring authority, at its discretion, may decide not to request a criminal history background check on an individual who holds an initial entrance license issued by the State Board of Teaching or the commissioner of education within the 12 months preceding an offer of employment. (b) A school hiring authority may use the results of a criminal background check conducted at the request of another school hiring authority if: (1) the results of the criminal background check are on file with the other school hiring authority or otherwise accessible; (2) the other school hiring authority conducted a criminal background check within the previous 12 months; (3) the individual who is the subject of the criminal background check executes a written consent form giving a school hiring authority access to the results of the check; and (4) there is no reason to believe that the individual has committed an act subsequent to the check that would disqualify the individual for employment. (c) A school hiring authority may, at its discretion, request a criminal history background check from the superintendent of the Bureau of Criminal Apprehension on any individual who seeks to enter a school or its grounds for the purpose of serving as a school volunteer or working as an independent contractor or student employee. In order for an individual to enter a school or its grounds under this paragraph when the school hiring authority decides to request a criminal history background check on the individual, the individual first must provide an executed criminal history consent form and a money order, check, or other negotiable instrument payable to the school district in an amount equal to the actual cost to the Bureau of Criminal Apprehension and the school district of conducting the criminal history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal history background check under this paragraph is the responsibility of the individual unless a school hiring authority decides to pay the costs of conducting a background check under this paragraph. If the school hiring authority pays the costs, the individual who is the subject of the background check need not pay for it. (d) For all nonstate residents who are offered employment in a school, a school hiring authority shall request a criminal history background check on such individuals from the superintendent of the Bureau of Criminal Apprehension and from the government agency performing the same function in the resident state or, if no government entity performs the same function in the resident state, from the Federal Bureau of Investigation. Such individuals must provide an executed criminal history consent form and a money order, check, or other negotiable instrument payable to the school hiring authority in an amount equal to the actual cost to the government agencies and the school district of conducting the criminal history background check. Notwithstanding section 299C.62, subdivision 1, the cost of the criminal history background check under this paragraph is the responsibility of the individual. (e) At the beginning of each school year or when a student enrolls, a school hiring authority must notify parents and guardians about the school hiring authority's policy requiring a criminal history background check on employees and other individuals who provide services to the school, and identify those positions subject to a background check and the extent of the hiring authority's discretion in requiring a background check. The school hiring authority may include the notice in the student handbook, a school policy guide, or other similar communication. Nothing in this paragraph affects a school hiring authority's ability to request a criminal history background check on an individual under paragraph (c).

Subd. 1a. Investigation of disciplinary actions taken against prospective teachers. (a) At the time a school board or other hiring authority conducts the criminal history background check required under subdivision 1 on an individual offered employment as a teacher, the school board or other hiring authority must contact the Board of Teaching to determine whether the board has taken disciplinary action against the teacher. The school board or other hiring authority must obtain access to data that are public under section 13.41, subdivision 5, from the Board of Teaching that relate to the substance of the disciplinary action. In addition, the school board or other hiring authority must require the individual to provide information in the employment application regarding all current and previous disciplinary actions in Minnesota and other states taken against the individual's teaching license and indicate to the applicant that intentionally submitting false or incomplete information is a ground for dismissal. (b) For purposes of this subdivision, "disciplinary action" does not include an action based on court-ordered child support or maintenance payment arrearages under section 214.101 or delinquent state taxes under section 270C.72.

Subd. 2. Effect of background check or Board of Teaching action. (a) A school hiring authority may hire or otherwise allow an individual to provide a service to a school pending completion of a background check under subdivision 1 or obtaining notice of a Board of Teaching action under subdivision 1a but shall notify the individual that the individual's employment or other service may be terminated based on the result of the background check or Board of Teaching action. A school hiring authority is not liable for failing to hire or for terminating an individual's employment or other service based on the result of a background check or Board of Teaching action under this section. (b) For purposes of this paragraph, a school hiring authority must inform an individual if the individual's application to be an employee or volunteer in the district has been denied as a result of a background check conducted under this section. The school hiring authority must also inform an individual who is a current employee or volunteer if the individual's employment or volunteer status in the district is being terminated as a result of a background check conducted under subdivision 4.

Subd. 3. Definitions. For purposes of this section: (a) "School" means a school as defined in section 120A.22, subdivision 4, except a home school, and includes a school receiving tribal contract or grant school aid under section 124D.83; school, for the purposes of this section, also means a service cooperative, a special education cooperative, or an education district under Minnesota Statutes 1997 Supplement, section 123.35, a charter school under section 124D.10, an intermediate school district under section 136D.01, and a joint powers district under section 471.59. (b) "School hiring authority" means the school board, or in the case of a nonpublic school, the school principal or other person having general control and supervision of the school. (c) "Security violation" means failing to prevent or failing to institute safeguards to prevent the access, use, retention, or dissemination of information in violation of the security and management control outsourcing standard established by the state compact officer under section 299C.58, article I, paragraph (2), clause (B). Subd. 4. Third-party contractors; responsibility for criminal history record information. (a) For purposes of this section, a school hiring authority may contract with an eligible third party to conduct the criminal history background check required under subdivision 1. Before entering into the contract, the school hiring authority must: (1) provide the state compact officer with the name of the proposed third-party contractor and a copy of the proposed contract; (2) determine from the state compact officer whether the proposed contractor has committed a security violation; and (3) request and receive permission from the state compact officer to enter into the contract with the proposed contractor. A third-party contractor that has committed a security violation is ineligible to participate under this section. (b) The contract must specify the purposes for which the background check information may be made available and incorporate into the contract by reference the management control outsourcing standard referred to in subdivision 3, paragraph (c). A third-party contractor under this section is subject to section 13.05, subdivision 11. (c) A school hiring authority must inform an individual who is the subject of a criminal history background check that the individual has the right to request and obtain from the school hiring authority a copy of the background check report. A school hiring authority may charge the individual for the actual cost of providing a copy of the report. An individual who is the subject of a criminal history background check has the right to challenge the accuracy and completeness of information contained in the background check report under section 13.04, subdivision 4.

37-9-17. Public schools; Certified and noninstructional employees; Selection requirements --(1) On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.

When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter. If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed. (2) Superintendents/directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that such criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in such school under the purview of the State Board of Education or at such local school district prior to July 1, 2000. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, or the school board of the local school district, or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall a member of the State Board of Education, superintendent/director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for herein and shall be responsible for the same fee charged in the case of local public schools of this state. The determination whether the applicant has a disqualifying crimes, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firm whether a disqualifying crime exists. (3) If such fingerprinting or criminal record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at such school. Any employment contract for a new hire executed by the superintendent of the local school district or any employment of a new hire by a superintendent/director of a new school under the purview of the State Board of Education or by a private firm shall be voidable if the new hire receives a disqualifying criminal record check. However, the State Board of Education or the school board may, in its discretion, allow any applicant aggrieved by the employment decision under this section to appear before the respective board, or before a hearing officer designated for such purpose, to show mitigating circumstances which may exist and allow the new hire to be employed at the school. The State Board of Education or local school board may grant waivers for such mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the children at the school. (4) No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17. [Sec. 37-9-17, as amended by Ch. 538 (H.B. 1377), L. 2005, effective July 1, 2005].

37-13-89. School attendance officers; Criminal history check required (Repealed effective July 1, 2009) --(1) In each school district within the state, there shall be employed the number of school attendance officers determined by the Office of Compulsory School Attendance Enforcement to be necessary to adequately enforce the provisions of the Mississippi Compulsory School Attendance Law; however, this number shall not exceed one hundred fifty-three (153) school attendance officers at any time. From and after July 1, 1998, all school attendance officers employed pursuant to this section shall be employees of the State Department of Education. The State Department of Education shall employ all persons employed as school attendance officers by district attorneys before July 1, 1998, and shall assign them to school attendance responsibilities in the school district in which they were employed before July 1, 1998. The first twelve (12) months of employment for each school attendance officer shall be the probationary period of state service. (2) (a) The State Department of Education shall obtain current criminal records background checks and current child abuse registry checks on all persons applying for the position of school attendance officer after July 2, 2002. The criminal records information and registry checks must be kept on file for any new hires. In order to determine an applicant's suitability for employment as a school attendance officer, the applicant must be fingerprinted. If no disqualifying record is identified at the state level, the Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history record check. The applicant shall pay the fee, not to exceed Fifty Dollars ($50.00), for the fingerprinting and criminal records background check; however, the State Department of Education, in its discretion, may pay the fee for the fingerprinting and criminal records background check on behalf of any applicant. Under no circumstances may a member of the State Board of Education, employee of the State Department of Education or any person other than the subject of the criminal records background check disseminate information received through any such checks except insofar as required to fulfill the purposes of this subsection. (b) If the fingerprinting or criminal records check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the applicant is not eligible to be employed as a school attendance officer. Any employment of an applicant pending the results of the fingerprinting and criminal records check is voidable if the new hire receives a disqualifying criminal records check. However, the State Board of Education, in its discretion, may allow an applicant aggrieved by an employment decision under this subsection to appear before the board, or before a hearing officer designated for that purpose, to show mitigating circumstances that may exist and allow the new hire to be employed as a school attendance officer. The State Board of Education may grant waivers for mitigating circumstances, which may include, but are not necessarily limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the person to perform the responsibilities of a school attendance officer competently and that the person does not pose a threat to the health or safety of children. (c) A member of the State Board of Education or employee of the State Department of Education may not be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.

41-4-7. Department of Mental Health; Criminal history checks; Employees and volunteers-- The State Board of Mental Health shall have the following powers and duties: (dd) Notwithstanding any other section of the code, the Board of Mental Health shall be authorized to fingerprint and perform a criminal history record check on every employee or volunteer. Every employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check; (ee) The Department of Mental Health shall have the authority for the development of a consumer friendly single point of intake and referral system within its service areas for persons with mental illness, mental retardation, developmental disabilities or alcohol or substance abuse who need assistance identifying or accessing appropriate services. The department will develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, the affected person or their parent or legal guardian will be involved in the assessment and planning process. The department, as the point of intake and as service provider, shall have the authority to determine the appropriate institutional, hospital or community care setting for persons who have been diagnosed with mental illness, mental retardation, developmental disabilities and/or alcohol or substance abuse, and may provide for the least restrictive placement if the treating professional believes such a setting is appropriate, if the person affected or their parent or legal guardian wants such services, and if the department can do so with a reasonable modification of the program without creating a fundamental alteration of the program. The least restrictive setting could be an institution, hospital or community setting, based upon the needs of the affected person or their parent or legal guardian. [Sec. 41-4-7, as amended by Ch. 387 (H.B. 439), L. 2005, effective July 1, 2005].

43-1-4. Department of Human Services; Criminal history checks; Employees and volunteers--(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families. (b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients. (c) To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990. (d) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law. (e) To fingerprint and perform a criminal history record check on every employee or volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, or (ii) who are in a position of fiduciary responsibility. Every such employee and volunteer shall provide a valid current social security number and or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check. [Sec. 43-1-4, as amended by S.B. 2453, L. 2005, effective July 1, 2005].

43-11-13. Health care institutions; Current and new employees; Criminal history checks--(1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those institutions in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those institutions. (2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license. (3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse. (4) (a) Notwithstanding any determination by the licensing agency that skilled nursing services would be appropriate for a resident of a personal care home, that resident, the resident's guardian or the legally recognized responsible party for the resident may consent in writing for the resident to continue to reside in the personal care home, if approved in writing by a licensed physician. However no personal care home shall allow more than two (2) residents, or ten percent (10%) of the total number of residents in the facility, whichever is greater, to remain in the personal care home under the provisions of this subsection (4). This consent shall be deemed to be appropriately informed consent as described in the regulations promulgated by the licensing agency. After that written consent has been obtained, the resident shall have the right to continue to reside in the personal care home for as long as the resident meets the other conditions for residing in the personal care home. A copy of the written consent and the physician's approval shall be forwarded by the personal care home to the licensing agency. (b) The State Board of Health shall promulgate rules and regulations restricting the handling of a resident's personal deposits by the director of a personal care home. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any resident in any personal care home, and any funds otherwise received and held from, for or on behalf of any such resident, shall be deposited by the director or other proper officer of the personal care home to the credit of that resident in an account that shall be known as the Resident's Personal Deposit Fund. No more than one (1) month's charge for the care, support, maintenance and medical attention of the resident shall be applied from the account at any one (1) time. After the death, discharge or transfer of any resident for whose benefit any such fund has been provided, any unexpended balance remaining in his personal deposit fund shall be applied for the payment of care, cost of support, maintenance and medical attention that is accrued. If any unexpended balance remains in that resident's personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the personal care home has been or shall be unable to locate the person or persons entitled to the unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of that death, discharge or transfer, deposit the unexpended balance to the credit of the personal care home's operating fund. (c) The State Board of Health shall promulgate rules and regulations requiring personal care homes to maintain records relating to health condition, medicine dispensed and administered, and any reaction to that medicine. The director of the personal care home shall be responsible for explaining the availability of those records to the family of the resident at any time upon reasonable request. (d) The State Board of Health shall evaluate the effects of this section as it promotes adequate care of individuals in personal care homes in the interest of public health, safety and welfare. It shall report its findings to the Chairmen of the Public Health and Welfare Committees of the House and Senate by January 1, 2003. This subsection (4) shall stand repealed on June 30, 2011. (5) (a) For the purposes of this subsection (5): (i) "licensed entity" means a hospital, nursing home, personal care home, home health agency, hospice, or adult foster care facility; (ii) "Covered entity" means a licensed entity or a health care professional staffing agency; (iii) "Employee" means any individual employed by a covered entity, and also includes any individual who by contract provides to the patients, residents or clients being served by the covered entity direct hands-on medical patient care in a patient's, resident's or client's room or in the treatment or recovery rooms. The term "employee" does not include health care professional/vocational technical students, as defined in Section 37-29-232, performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools located in Mississippi who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied-health course taught in the high school, if: 1. The student is under the supervision of a licensed health care provider; and 2. The student has signed an affidavit that is on file at the student's school stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony listed in paragraph (d) of this subsection (5), or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. Before any student may sign such an affidavit, the student's school shall provide information to the student explaining what a felony is and the nature of the felonies listed in paragraph (d) of this subsection (5). However, the health care professional/vocational technical academic program in which the student is enrolled may require the student to obtain criminal history record checks under the provisions of Section 37-29-232. (b) Under regulations promulgated by the State Board of Health, the licensing agency shall require to be performed a criminal history record check on (i) every new employee of a covered entity who provides direct patient care or services and who is employed on or after July 1, 2003, and (ii) every employee of a covered entity employed prior to July 1, 2003, who has a documented disciplinary action by his or her present employer. In addition, the licensing agency shall require the covered entity to perform a disciplinary check with the professional licensing agency of each employee, if any, to determine if any disciplinary action has been taken against the employee by that agency. Except as otherwise provided in paragraph (c) of this subsection (5), no such employee hired on or after July 1, 2003, shall be permitted to provide direct patient care until the results of the criminal history record check have revealed no disqualifying record or the employee has been granted a waiver. In order to determine the employee applicant's suitability for employment, the applicant shall be fingerprinted. Fingerprints shall be submitted to the licensing agency from scanning, with the results processed through the Department of Public Safety's Criminal Information Center. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The licensing agency shall notify the covered entity of the results of an employee applicant's criminal history record check. If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee applicant shall not be eligible to be employed by the covered entity. (c) Any such new employee applicant may, however, be employed on a temporary basis pending the results of the criminal history record check, but any employment contract with the new employee shall be voidable if the new employee receives a disqualifying criminal history record check and no waiver is granted as provided in this subsection (5). (d) Under regulations promulgated by the State Board of Health, the licensing agency shall require every employee of a covered entity employed prior to July 1, 2003, to sign an affidavit stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. No such employee of a covered entity hired before July 1, 2003, shall be permitted to provide direct patient care until the employee has signed the affidavit required by this paragraph (d). All such existing employees of covered entities must sign the affidavit required by this paragraph (d) within six (6) months of the final adoption of the regulations promulgated by the State Board of Health. If a person signs the affidavit required by this paragraph (d), and it is later determined that the person actually had been convicted of or pleaded guilty or nolo contendere to any of the offenses listed in this paragraph (d) and the conviction or plea has not been reversed on appeal or a pardon has not been granted for the conviction or plea, the person is guilty of perjury. If the offense that the person was convicted of or pleaded guilty or nolo contendre to was a violent offense, the person, upon a conviction of perjury under this paragraph, shall be punished as provided in Section 97-9-61. If the offense that the person was convicted of or pleaded guilty or nolo contendre to was a nonviolent offense, the person, upon a conviction of perjury under this paragraph, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. (e) The covered entity may, in its discretion, allow any employee who is unable to sign the affidavit required by paragraph (d) of this subsection (5) or any employee applicant aggrieved by an employment decision under this subsection (5) to appear before the covered entity's hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the employee or employee applicant to be employed by the covered entity. The covered entity, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients of the covered entity. (f) The licensing agency may charge the covered entity submitting the fingerprints a fee not to exceed Fifty Dollars ($50.00), which covered entity may, in its discretion, charge the same fee, or a portion thereof, to the employee applicant. Any costs incurred by a covered entity implementing this subsection (5) shall be reimbursed as an allowable cost under Section 43-13-116. (g) If the results of an employee applicant's criminal history record check reveals no disqualifying event, then the covered entity shall, within two (2) weeks of the notification of no disqualifying event, provide the employee applicant with a notarized letter signed by the chief executive officer of the covered entity, or his or her authorized designee, confirming the employee applicant's suitability for employment based on his or her criminal history record check. An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity with the necessity of an additional criminal history record check. Any covered entity presented with the letter may rely on the letter with respect to an employee applicant's criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5) (h) The licensing agency, the covered entity and their agents, officers, employees, attorneys and representatives shall be presumed to be acting in good faith for any employment decision or action taken under this subsection. The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. No licensing agency, covered entity, nor their agents, officers, employees, attorneys and representatives shall be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply with the requirements of this subsection (5). (i) The licensing agency shall promulgate regulations to implement this subsection (5). (j) The provisions of this subsection (5) shall not apply to: (i) Applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41; or (ii) Health care professional/vocational technical students for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-29-232. [Sec. 43-11-13, as amended by Ch. 423 (H.B. 2008), L. 2008, effective July 1, 2008].

43-15-6. Foster homes; Background checks for operators, employees and volunteers-- (1) Any person, institution, facility, clinic, organization or other entity that provides services to children in a residential setting where care, lodging, maintenance, and counseling or therapy for alcohol or controlled substance abuse or for any other emotional disorder or mental illness is provided for children, whether for compensation or not, that holds himself, herself, or itself out to the public as providing such services, and that is entrusted with the care of the children to whom he, she, or it provides services, because of the nature of the services and the setting in which the services are provided shall be subject to the provisions of this section. (2) Each entity to which this section applies shall complete, through the appropriate governmental authority, a national criminal history record information check and a child abuse registry check for each owner, operator, employee, prospective employee, volunteer or prospective volunteer of the entity and/or any other that has or may have unsupervised access to a child served by the entity. In order to determine the applicant's suitability for employment, the entity shall ensure that the applicant be fingerprinted by local law enforcement, and the results forwarded to the Department of Public Safety. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check. (3) An owner, operator, employee, prospective employee, volunteer or prospective volunteer of the entity and/or any other that has or may have unsupervised access to a child who has a criminal history of conviction or pending indictment of a crime, whether a misdemeanor or a felony, that bears upon an individual's fitness to have responsibility for the safety and well-being of children as set forth in this chapter may not provide child care or operate, or be licensed as, a residential child care program, foster parent, or foster home. (4) All fees incurred in compliance with this section shall be borne by the individual or entity to which subsection (1) applies. (5) The Department of Human Services shall have the authority to set fees, to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities from providing foster care or residential child care, and adopt such other rules and regulations as may be required to carry out the provisions of this section. (6) Any entity that violates the provisions of this section by failure to complete sex offense criminal history record information and felony conviction record information checks, as required under subsection (3) of this section, shall be subject to a penalty of up to Ten Thousand Dollars ($10,000.00) for each such violation and may be enjoined from further operation until it complies with this section in actions maintained by the Attorney General. (7) The Department of Human Services and/or its officers, employees, attorneys, agents and representatives shall not be held civilly liable for any findings, recommendations or actions taken pursuant to this section. [Sec. 43-15-6, as amended by H.B. 969, L. 2000, effective July 1, 2000].

43-16-9. Child residential homes; Criminal backgrounds checks required employees and volunteers-- Such notification shall be filed by the executive director of the child residential home to the department upon forms provided by the department and shall contain the following information: (a) Name, street address, mailing address and phone number of the home. (b) Name of the executive director and all staff members of the home. (c) Name and description of the agency or organization operating the home, which shall include a statement as to whether or not the agency or organization is incorporated. (d) Name and address of the sponsoring organization of the home, if applicable. (e) The names of all children living at the home which shall include the following personal data: (i) Full name and a copy of the child's birth certificate; (ii) Name and address of parent(s) or guardian(s); and (iii) Name and address of other nearest relative. (f) School(s) attended by the children served by such home. (g) Fire department or State Fire Marshal inspection certificate. (h) Local health department inspection certificate. (i) Proof, to be shown by the sworn affidavit of the executive director of the home, that the home has performed (i) criminal record background checks, and (ii) felony conviction record information checks on all employees, prospective employees, volunteers and prospective volunteers at such home, and that such records are maintained to the extent permitted by law, for every such employee, prospective employee, volunteer and prospective volunteer. (j) Proof, to be shown by the sworn affidavit of the executive director of the home, that medical records are maintained for each child. [Sec. 43-16-9, as amended by Ch. 499 (S.B. 2797), L. 2000, effective July 1, 2000].

43-16-21. Child residential homes; Grounds to cease operation--Notwithstanding the existence of any other remedy, the department may, in the manner provided by law, in term time or in vacation, upon the advice of the Attorney General who shall represent the department in the proceedings, maintain an action in the name of the state for an injunction or restraining order to cease the operation of the home, and to provide for the appropriate removal of the children from the home and placement in the custody of the parents or legal guardians, the Department of Human Services, or any other appropriate entity in the discretion of the court. Such action shall be brought in the chancery court or the youth court, as appropriate, of the county in which such child residential home is located, and shall only be initiated for the following violations: (a) Providing supervision, care, lodging or maintenance for any children in such home without filing notification in accordance with this chapter. (b) Failure to satisfactorily comply with local health department or State Fire Marshal inspections made pursuant to Section 43-16-15, regarding the health, nutrition, cleanliness, safety, sanitation, written records and discipline policy of such home. (c) Suspected abuse and/or neglect of the children served by such home, as defined in Section 43-21-105, Mississippi Code of 1972.

43-20-8. Child care facilities; Criminal history checks required--(1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter: (a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5; (b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter; (c) Set and collect fees and penalties as provided for in this chapter; and (d) Have such other powers as may be required to carry out the provisions of this chapter. (2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Senate Bill No. 2419, 2006 Regular Session. (3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time. (4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check. (5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check. (6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure. (7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section. (8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks. [Sec. 43-20-8, as amended by S.B. 2419, L. 2006, effective April 3, 2006].

27-109-3. Licenses granted by tax commission; Criminal records and fingerprints of applicants --(1) The State Tax Commission shall, from time to time, adopt, amend or repeal such regulations, consistent with the policy, objects and purposes of this chapter as it may deem necessary or desirable in the public interest in carrying out the policy and provisions of this chapter. (2) These regulations shall, without limiting the general powers herein conferred, include the following: (a) Prescribing the method and form of application which any applicant for a privilege license must follow and complete before consideration of his application by the commission. (b) Prescribing the information to be furnished by any applicant or licensee concerning his antecedents, habits, character, associates, criminal record, business activities and financial affairs, past or present. (c) Prescribing the information to be furnished by a licensee relating to his employees. (d) Requiring fingerprinting of an applicant or licensee, and casino and alcoholic beverage personnel of a licensee, or other methods of identification for such persons and the forwarding of all fingerprints taken pursuant to regulation to the Federal Bureau of Investigation. (e) Prescribing the manner and procedure of all hearings conducted by the commission or any hearing examiner of the commission, including special rules of evidence applicable thereto and notices thereof. (f) Requiring any applicant to pay all or any part of the fees and costs of investigation of such applicant as may be determined by the commission. (g) Prescribing the manner and method of collection and payment of fees and issuance of licenses. (h) Prescribing under what conditions a licensee may be deemed subject to revocation or suspension of his license. (i) Requiring any applicant or licensee to waive any privilege with respect to any testimony at any hearing or meeting of the commission, except any privilege afforded by the Constitutions of the United States or this state. (j) Requiring that any licensee or owner of ten percent (10%) or more of the operation shall not sell all or part of his ownership to a purchasing party until the purchasing party has met the requirements of this chapter.

81-1-65. Department of banking; Fingerprints required of employees and applicants -- The commissioner shall employ such assistants, to be known as state banking examiners, as may be necessary for the efficient operation of the department, to aid him in the discharge of the duties and responsibilities imposed upon him by law. The minimum qualifications for such employment shall be possession of a bachelor's degree from a recognized college or university, or three (3) years' experience as a bank examiner, bank officer or employee, small loan company officer or employee, or other consumer finance officer or employee and such other qualifications set out for banking examiners in the plan for the state personnel system. However, notwithstanding any provisions to the contrary, any person who is serving as a state banking examiner in the former Department of Bank Supervision on March 21, 1980, shall be qualified to serve as a state banking examiner in the department. The state bank examiners shall not, directly or indirectly, be connected with any banking business in Mississippi or elsewhere during their respective terms of office, after four (4) months from the time of qualifying as an examiner. The commissioner may employ such additional employees as may be necessary to carry out those duties and responsibilities imposed upon him by law, who shall possess such qualifications set out for their particular position in the plan for the state personnel system. No examiner or other employee related by consanguinity or affinity to the commissioner within the third degree computed according to the civil law shall be employed by him. The examiners and all other persons employed by the commissioner under the provisions of this section shall be compensated as provided in the compensation plan for the state personnel system, unless otherwise provided by law. The compensation for such employees shall be payable monthly out of the funds of the department. The commissioner shall be responsible for all acts of the examiners and the other employees. Any examiner or other employee may be dismissed only in accordance with the laws, rules and regulations applicable to the state personnel system. As a condition of employment with the department, the commissioner shall require all employees and applicants for employment with the department to be fingerprinted to determine their suitability for employment as examiners or assistants as needed. If no disqualifying record is identified at the state level, the Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history record check. The Department of Banking and Consumer Finance shall pay all of the costs in connection with the criminal history record check procedure. These record checks shall not be used by the Department of Banking and Consumer Finance for any purpose other than to determine suitability for employment with the department. [Sec. 81-1-65, as amended by S.B. 2343, L. 2007, effective March 22, 2007].

45-27-12. Dissemination of criminal history record information for noncriminal justice purposes-- (1) State conviction information and arrest information which is contained in the center's database or the nonexistence of such information in the center's database shall be made available for the following noncriminal justice purposes: (a) To any local, state or federal governmental agency that requests the information for the enforcement of a local, state or federal law; (b) To any individual, nongovernmental entity or any employer authorized either by the subject of record in writing or by state or federal law to receive such information; and (c) To any federal agency or central repository in another state requesting the information for purposes authorized by law. (2) Information disseminated for noncriminal justice purposes as specified in this section shall be used only for the purpose for which it was made available and may not be re-disseminated. (3) No agency or individual shall confirm the existence or nonexistence of criminal history record information to any person or organization that would not be eligible to receive the information pursuant to this section. (4) Upon request for a check pursuant to this section, the nongovernmental entity or employer must provide proper identification and authorization information from the subject of the record to be checked and adhere to policies established by the center for such record checks. (5) Any individual or his attorney who is the subject of the record to be checked, upon positive verification of the individual's identity, may request to review the disseminated information and shall follow the procedure set forth in Section 45-27-11. If the individual wishes to correct the record as it appears in the center's system, the person shall follow the procedure set forth in Section 45-27-11. The right of a person to review the person's criminal history record information shall not be used by a prospective employer or others as a means to circumvent procedures or fees for accessing records for noncriminal justice purposes. (6) The center may impose procedures, including the submission of fingerprints, fees or restrictions, as are reasonably necessary to assure the record's security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for access. All fees shall be assessed and deposited in accordance with the provisions of Section 45-27-8. (7) Local agencies may release their own agency records according to their own policies. (8) Release of the above-described information for noncriminal justice purposes shall be made only by the center, under the limitations of this section, and such compiled records will not be released or disclosed for noncriminal justice purposes by other agencies in the state. [Sec. 45-27-12, as amended by Ch. 347 (H.B. 1306), L. 2006, effective July 1, 2006].

45-27-13. Violations; Penalties--(1) Any person who knowingly requests, obtains or attempts to obtain criminal history record information and other information maintained in the center's network under false pretenses or who misuses criminal history record information or information maintained in the center's network except in accordance with law or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this chapter, or any member, officer, employee or agent of the center, or any participating agency who knowingly falsifies criminal history record information, or any records relating thereto, shall for each such offense be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned for not more than one (1) year, or both fined and imprisoned. (2) Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems, except in accordance with this chapter, shall for each such offense be fined not more than Five Thousand Dollars ($ 5,000.00) or be imprisoned for not more than two (2) years in the custody of the Department of Corrections, or both.

Sec. 1. Schools for the deaf and blind, mathematics and science and school of the arts; Applicants for employment; Background checks required--Upon State Board of Education approval, it is the policy that any applicant being recommended for employment with the Mississippi Schools for the Deaf and Bland, Mississippi School for Mathematics and Science, and the Mississippi School of the Arts, hereafter referred to as "schools", shall submit to criminal records background checks. Current employees of the schools and those individuals employed prior to State Board of Education approval of this policy are exempt from this policy. The applicant shall be fingerprinted in order to determine the applicant's suitability for employment. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history records check. The fee for such fingerprinting and criminal history records check shall be paid by the applicant in an amount not to exceed $50.00. If such fingerprinting or criminal history records check discloses a felony conviction, guilty pleas or pleas of nolo contendere to a felony possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in MS Code Section 45-33-23(g), child abuse, arson, grand larceny burglary, gratification of lust or aggravated assault which has not been reversed on appeals or for which a pardon has not been granted, the applicant shall not be eligible for employment. Any school under the purview of the Mississippi Department of Education may employ any individual prior to receiving criminal records background checks information provided the individual signs a statement acknowledging that any disqualifying information received from the checks may be grounds for immediate dismissal. Any individual employed with a school under the purview of the Mississippi Department of Education prior to the criminal records background checks being completed, shall acknowledge by signature that he/she understands and agrees that his/her employment shall not be continued should any disqualifying information be revealed in the checks. However, the State Board of Education may in its discretion, allow any applicant for a position, or any individual employed prior to the school receiving criminal records background checks information to appear before a hearing officer designated for such purpose to show mitigating circumstances which may exist, and allow the applicant to be employed or allow the individual to continue employment with the school. Such mitigating circumstances shall include, but not be limited to: a) age at which the crime was committed; b) circumstances surrounding the crime; c) length of time since the conviction and criminal history since the conviction; d) work history; e) current employment and character references; f) other evidence demonstrating the ability of the person to perform the responsibilities competently and that the person does not pose a threat to the health and safety of the children. NOTE. Any and all information received through the criminal history records check shall be kept strictly confidential. The information provided from these checks shall only be used for employment purposes. [Sec. 1, as amended effective July 29, 2001].

Department of Mental Health—Health and Dependent Care--Sec. 1. Facilities serving children; Fingerprinting and background checks required .—Policy Title: Fingerprinting and Background Checks. Scope: To ensure compliance with state law all facilities shall obtain fingerprints and request background information on potential employees, employees, potential volunteers, and volunteers. Policy: It shall be the policy of the Department of Mental Health that all facilities follow the prescribed procedure in the hiring and retaining of employees or approving and retaining volunteers who will have direct access to children. Procedure: I. Each potential employee and potential volunteer shall be fingerprinted by the Department of Mental Health. II. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check. III. All employees and volunteers working with children shall be fingerprinted. No potential employee and/or potential volunteer, who has a criminal history of conviction or pending indictment of a crime, whether a misdemeanor or felony, that bears upon an individual's fitness to have responsibility for the safety and well-being of children as specified in Section 45-31-12(5) of the Mississippi Code shall be employed or volunteer in a residential setting for children. IV. Employees being considered for promotion and others in sensitive positions as deemed necessary by the facility directors shall also be fingerprinted. V. All persons employed prior to July 1, 2002, shall either be fingerprinted or sign an affidavit stating that he/she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23(f), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. If it is later determined that the person actually had been convicted or pleaded guilty or nolo contendere to any of the offenses listed previously, and the conviction or pleas has not been reversed on appeal or a pardon has not been granted for the conviction or plea, disciplinary action will taken which may lead to termination and the person referred for appropriate penalties provided by law. VI. Current employees and volunteers and prior to the offering of a position, potential employees or volunteers shall be advised: A. that each person shall be fingerprinted B. that such a records check shall be requested C. that the potential employee or volunteer must authorize fingerprinting and a records check in writing D. that it is the right of the Department of Mental Health to require fingerprinting and a records check as a condition of employment or approval as a volunteer E. of the right to challenge, within fourteen calendar days, the accuracy and completeness of any information received by the employer as a result of such a check. F. of the right to challenge, within fourteen calendar days, the agency's decision to refuse to hire or to terminate a person based on the result of such a check. VII. No information received shall be re-disseminated to the fingerprinted person or any other employee not authorized by personnel, except as required by other pertinent law, and/or to inform the person of a negative result of such a check. VIII. All records shall be received from the FBI via a secure fax machine or other secured means and shall be retained in a secure place for a minimum of thirty (30) days from the time the decision of whether or not to hire is made. After thirty (30) days, the records must then be destroyed by means of shredding. IX. All persons employed prior to July 1, 2002, shall either be fingerprinted or sign an affidavit stating that he/she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23 (f), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. If it is later determined that the person actually had been convicted or pleaded guilty or nolo contendere to any of the offenses listed previously, and the conviction or pleas has not been reversed on appeal or a pardon has not been granted for the conviction or plea, disciplinary action will be taken which may lead to termination and the person referred for appropriate penalties provided by law. {Sec. 1, as adopted effective Jan.

Mississippi Criminal Information Center—Access to Information --Sec. 9.001. MCIC; Applicant records checks; Procedures; Fees—Policy.01 The Center currently processes a number of background checks by name and/or fingerprints. Included below is a brief description of each check. A fee schedule, provided in Section 9.0.1, summarizes the statutory authority, type and cost of check, and contact person. 02. Billable Applicant Fingerprint Checks. A memorandum of understanding must be executed between the Center and any state agency authorized by state statute to submit fingerprint cards to the Center. State agencies are provided fingerprint cards which are assigned to the agency based on an ORI (originating agency identifier). An ORI is assigned by the Federal Bureau of Investigation. The applicant/employee is fingerprinted on the card which is forwarded to the Center for a state check. Upon completion of the state check, the card is forwarded by the Center to the Federal Bureau of Investigation (FBI) for a nationwide check. Any criminal background information is returned to the requesting state agency. The agency will determine an applicant's/employee's fitness for employment. A fee is charged for the check which the requesting entity pays to the CIC. The CIC forwards the appropriate fees to the FBI. c. Child Care Facilities Licensed by Mississippi Department of Health. i. Child care facilities require all prospective and current care givers to undergo a criminal history background check to determine suitability for employment. The Mississippi Department of Health (MSDH) provides the fingerprint cards to the facilities. The fingerprint cards are submitted to CIC, checked against the Mississippi Criminal History System database, and forwarded to the FBI for a national criminal history record check. CIC charges a $32.00 fee to process a fingerprint-based check for an employee and a fee of $23.00 for a volunteer. The MDH is authorized to set fees in addition to those charged by CIC and the FBI. c. Child Residential Agencies and Foster Parents/Homes i. Any person, institution, facility, clinic, organization or other entity that provides services to children in a residential setting as described in Miss. Code Ann. Section 43-15-6 (1) must undergo a national criminal history record check and a child abuse registry check for each owner, operator, employee, prospective employee, volunteer or prospective volunteer of the entity that has or may have unsupervised access to a child. ii. The Mississippi Department of Human Services (DHS) provides the fingerprint card to the individual or entity. DHS submits the fingerprint card to CIC, where it is checked against the Mississippi criminal history system database and forwarded to the FBI for a national criminal history record check. A fee of $32.00 is charged by the CIC to process a fingerprint-based record check for an employee and $23.00 for a volunteer. The DHS is authorized to set fees in addition to those charged by CIC and the FBI. d. Community (Regional) Mental Health Center Employees and/or Volunteers. i. The 15 Regional Mental Health—Mental Retardation Centers in Mississippi (CMHC) are authorized to fingerprint and perform a criminal history records check on every employee and volunteer of each community mental health facility. Each CMHC submits its own applicant/employee or volunteer set of fingerprints to CIC. The CMHC provides the fingerprint card to the applicant/volunteer. The applicant/volunteer is fingerprinted; CMHC submits the fingerprint card to CIC, where it is checked against the Mississippi criminal history system database and forwarded to the FBI for a national criminal history record check. The results from the check are sent from the FBI to CIC and then to CMHC. Each CMHC determines the suitability of the applicant or volunteer for employment or service. A fee of $32.00 is charged by the CIC to process a fingerprint-based record check for an employee and $23.00 for a volunteer. f. Home Health Agencies and Nursing Facilities i. Any home health care agency or nursing facility may require applicants for employment to undergo a criminal history records check. The fingerprint cards are provided to the facility by the CIC. The facility submits the set of fingerprints to CIC along with a statement signed by the applicant authorizing the record check in accordance with Public Law # 105-277. The MDH submits the fingerprint cards to CIC. The cards are checked against the Mississippi criminal history system database and forwarded to the FBI for a national criminal history record check. CIC returns the results of the criminal history record check to the MDH to be disseminated to the requesting facility. The facility determines the suitability of the applicant for employment. A fee of $32.00 is charged by the CIC to process a fingerprint-based record check for an employee and $23.00 for a volunteer. g. Home Health Care Agencies, Hospitals, Hospices, Nursing and Personal Care Homes. i. The Mississippi State Department of Health (MDH) is required to have every new employee of a licensed entity, who provides direct patient care and who is employed after July 1, 2002, and every employee of a licensed entity employed before July 1, 2002, who has a documented disciplinary action by his present employer, to undergo a criminal history background check to determine suitability for employment. MDH provides the fingerprint card to the applicant/employee to be fingerprinted. MDH submits the fingerprint card to CIC to be checked against the Mississippi criminal history system database, and forwarded to the FBI for a national criminal history record check. CIC returns the results of the criminal history check to the MDH, which determines the suitability of the applicant for employment. CIC charges $32.00 to process a fingerprint-based check for an employee/applicant and $23.00 for a volunteer. g. Information Technology Services. i. To qualify for the position of an information confidentiality officer with the Department of Information Technology Services, a person must undergo a criminal history records check. The person is fingerprinted and the set of fingerprints is forwarded to the CIC, checked against the Mississippi Criminal History System database, and forwarded to the FBI for a national criminal history record check. A fee of $32.00 is charged to process this check. h.. Mental Health Employees and/or Volunteers. i. The Mississippi Board of Mental Health (MH) is authorized to fingerprint and perform a criminal history records check on every employee and volunteer. MH submits the applicant/employee or volunteer set of fingerprints to CIC. The fingerprints are checked against the Mississippi criminal history record check. The results of the check are sent from the FBI to CIC and then to MH. MH determines the suitability of the applicant or volunteer for employment. A $32.00 fee is charged to process a fingerprint-based record check for an applicant/employee and $23.00 for a volunteer. h. Mortgage Companies. i. Applicants of mortgage companies applying for registration or licensure from the Department of Banking and Consumer Finance (Banking) are required to undergo criminal history record checks. The fingerprint cards are provided to the applicant by the Department of Banking and Consumer Finance. Banking submits a set of fingerprints obtained by a local law enforcement entity to CIC. The fingerprints are checked against the Mississippi criminal history database system and forwarded to the FBI for a national criminal history record check. A fee of $32.00 is charged to process the record check. i. Non-Government Entity or Employer i. State conviction information shall be made available for the following non-criminal justice purpose: To any non-governmental entity or employer authorized either in writing by the person who is subject to the requested record or if authorized by state or federal law to receive such information. Information disseminated for non-criminal justice purposes shall be used only for the purpose for which it was made available and may not be re-disseminated. The existence or non-existence of criminal history record information shall not be confirmed to any person or organization that is not eligible by law to receive the information. Non-conviction information shall be available for non-criminal conviction purposes. Non-governmental entity or employer requests must proper identification and authorization information from the person who is subject of a requested record and any request must further adhere to the CIC policies established for obtaining record checks. ii. The statutory right to view a person's own criminal history record information, shall not be used by a prospective employer or others as a means to circumvent procedures or fees for accessing records for non-criminal justice purposes. The CIC may impose procedures, including the submission of fingerprints, fees or restrictions, as are reasonable and necessary for security, to verify identities, and for orderly and efficient information access. Release of State conviction information for non-criminal justice purposes shall be made only by CIC pursuant to certain statutory limitations. Such records will not be released or disclosed for non-criminal justice purposes by other agencies in the state. There is a $32.00 fee to process the fingerprint check. m. Private or Nonpublic Schools. i. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the criminal record information and registry check procedure that is provided for public schools and shall be responsible for the same fee charged as for local public schools. The applicant/ employee is fingerprinted on a card provided by the school district. Each school district submits the applicant's fingerprint card to the CIC for check against the Mississippi criminal history database system and forward to the FBI for a national criminal history record check. The determination whether the applicant has a disqualifying crime shall be made by the appropriate governmental authority, who shall notify the private firm whether a disqualifying crime exists. CIC imposes a $32.00 fee to process the record checks for each employee. i. Public Schools. i. Each superintendent of a school district is required to obtain criminal record background checks and child abuse registry checks for all new hires applying for employment as a licensed or non-licensed employee at a school not previously employed in that district prior to July 1, 2000. To determine suitability, the applicant must be fingerprinted. Each school district has its own fingerprint cards which are submitted to CIC, checked against the Mississippi Criminal History System database, and are forwarded to the Federal Bureau of Investigation for a national criminal history record check. A fee of $32.00 is imposed by the CIC to process the record checks for employees.

168.021. Issuance of teachers' licenses — effect of certification in another state and subsequent employment in this state. — 1. Certificates of license to teach in the public schools of the state shall be granted as follows: (1) By the state board, under rules and regulations prescribed by it: (a) Upon the basis of college credit; (b) Upon the basis of examination; (2) By the state board, under rules and regulations prescribed by the state board with advice from the advisory council established by section 168.015 to any individual who presents to the state board a valid doctoral degree from an accredited institution of higher education accredited by a regional accrediting association such as North Central Association. Such certificate shall be limited to the major area of postgraduate study of the holder, shall be issued only after successful completion of the examination required for graduation pursuant to rules adopted by the state board of education, and shall be restricted to those certificates established pursuant to subdivision (1) of subsection 3 of this section; (3) By the state board, which shall issue the professional certificate classification in both the general and specialized areas most closely aligned with the current areas of certification approved by the state board, commensurate with the years of teaching experience of the applicant, and based upon the following criteria:(a) Recommendation of a state-approved baccalaureate-level teacher preparation program; (b) Successful attainment of the Missouri qualifying score on the exit assessment for teachers or administrators designated by the state board of education. Applicants who have not successfully achieved a qualifying score on the designated examinations will be issued a two-year nonrenewable provisional certificate; and (c) Upon completion of a background check and possession of a valid teaching certificate in the state from which the applicant's teacher preparation program was completed; (4) By the state board, under rules prescribed by it, on the basis of a relevant bachelor's degree, or higher degree, and a passing score for the designated exit examination, for individuals whose academic degree and professional experience are suitable to provide a basis for instruction solely in the subject matter of banking or financial responsibility, at the discretion of the state board. Such certificate shall be limited to the major area of study of the holder and shall be restricted to those certificates established under subdivision (1) of subsection 3 of this section. Holders of certificates granted under this subdivision shall be exempt from the teacher tenure act under sections 168.102 to 168.130 and each school district shall have the decision-making authority on whether to hire the holders of such certificates; or (5)[fn*] By the state board, under rules and regulations prescribed by it, on the basis of certification by the American Board for Certification of Teacher Excellence (ABCTE) and verification of ability to work with children as demonstrated by sixty contact hours in any one of the following areas as validated by the school principal: sixty contact hours in the classroom, of which at least forty-five must be teaching; sixty contact hours as a substitute teacher, with at least thirty consecutive hours in the same classroom; sixty contact hours of teaching in a private school; or sixty contact hours of teaching as a paraprofessional, for an initial four-year ABCTE certificate of license to teach, except that such certificate shall not be granted for the areas of early childhood education, elementary education, or special education. Upon the completion of the requirements listed in paragraphs (a), (b), (c), and (d) of this subdivision, an applicant shall be eligible to apply for a career continuous professional certificate under subdivision (2) of subsection 3 of this section: (a) Completion of thirty contact hours of professional development within four years, which may include hours spent in class in an appropriate college curriculum; (b) Validated completion of two years of the mentoring program of the American Board for Certification of Teacher Excellence or a district mentoring program approved by the state board of education; (c) Attainment of a successful performance-based teacher evaluation; and (d) Participate in a beginning teacher assistance program. 2. All valid teaching certificates issued pursuant to law or state board policies and regulations prior to September 1, 1988, shall be exempt from the professional development requirements of this section and shall continue in effect until they expire, are revoked or suspended, as provided by law. When such certificates are required to be renewed, the state board or its designee shall grant to each holder of such a certificate the certificate most nearly equivalent to the one so held. Anyone who holds, as of August 28, 2003, a valid PC-I, PC-II, or continuous professional certificate shall, upon expiration of his or her current certificate, be issued the appropriate level of certificate based upon the classification system established pursuant to subsection 3 of this section. 3. Certificates of license to teach in the public schools of the state shall be based upon minimum requirements prescribed by the state board of education. The state board shall provide for the following levels of professional certification: an initial professional certificate and a career continuous professional certificate. (1) The initial professional certificate shall be issued upon completion of requirements established by the state board of education and shall be valid based upon verification of actual teaching within a specified time period established by the state board of education. The state board shall require holders of the four-year initial professional certificate to: (a) Participate in a mentoring program approved and provided by the district for a minimum of two years; (b) Complete thirty contact hours of professional development, which may include hours spent in class in an appropriate college curriculum, or for holders of a certificate under subdivision (4) of subsection 1 of this section, an amount of professional development in proportion to the certificate holder's hours in the classroom, if the certificate holder is employed less than full time; and (c) Participate in a beginning teacher assistance program; (2) (a) The career continuous professional certificate shall be issued upon verification of completion of four years of teaching under the initial professional certificate and upon verification of the completion of the requirements articulated in paragraphs (a), (b), and (c) of subdivision (1) of this subsection or paragraphs (a), (b), (c), and (d) of subdivision (5) of subsection 1 of this section. (b) The career continuous professional certificate shall be continuous based upon verification of actual employment in an educational position as provided for in state board guidelines and completion of fifteen contact hours of professional development per year which may include hours spent in class in an appropriate college curriculum. Should the possessor of a valid career continuous professional certificate fail, in any given year, to meet the fifteen-hour professional development requirement, the possessor may, within two years, make up the missing hours. In order to make up for missing hours, the possessor shall first complete the fifteen-hour requirement for the current year and then may count hours in excess of the current year requirement as make-up hours. Should the possessor fail to make up the missing hours within two years, the certificate shall become inactive. In order to reactivate the certificate, the possessor shall complete twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate. The requirements of this paragraph shall be monitored and verified by the local school district which employs the holder of the career continuous professional certificate. (c) A holder of a career continuous professional certificate shall be exempt from the professional development contact hour requirements of paragraph (b) of this subdivision if such teacher has a local professional development plan in place within such teacher's school district and meets two of the three following criteria: a. Has ten years of teaching experience as defined by the state board of education; b. Possesses a master's degree; or c. Obtains a rigorous national certification as approved by the state board of education. 4. Policies and procedures shall be established by which a teacher who was not retained due to a reduction in force may retain the current level of certification. There shall also be established policies and procedures allowing a teacher who has not been employed in an educational position for three years or more to reactivate his or her last level of certification by completing twenty-four contact hours of professional development which may include hours spent in the classroom in an appropriate college curriculum within the six months prior to or after reactivating his or her certificate. 5. The state board shall, upon an appropriate background check, issue a professional certificate classification in the areas most closely aligned with an applicant's current areas of certification, commensurate with the years of teaching experience of the applicant, to any person who is hired to teach in a public school in this state and who possesses a valid teaching certificate from another state or certification under subdivision (4) of subsection 1 of this section, provided that the certificate holder shall annually complete the state board's requirements for such level of certification, and shall establish policies by which residents of states other than the state of Missouri may be assessed a fee for a certificate license to teach in the public schools of Missouri. Such fee shall be in an amount sufficient to recover any or all costs associated with the issuing of a certificate of license to teach. The board shall promulgate rules to authorize the issuance of a provisional certificate of license, which shall allow the holder to assume classroom duties pending the completion of a criminal background check under section 168.133, for any applicant who: (1) Is the spouse of a member of the armed forces stationed in Missouri; (2) Relocated from another state within one year of the date of application; (3) Underwent a criminal background check in order to be issued a teaching certificate of license from another state; and (4) Otherwise qualifies under this section. 6. The state board may assess to holders of an initial professional certificate a fee, to be deposited into the excellence in education revolving fund established pursuant to section 160.268, RSMo, for the issuance of the career continuous professional certificate. However, such fee shall not exceed the combined costs of issuance and any criminal background check required as a condition of issuance. Applicants for the initial ABCTE certificate shall be responsible for any fees associated with the program leading to the issuance of the certificate, but nothing in this section shall prohibit a district from developing a policy that permits fee reimbursement. 7. Any member of the public school retirement system of Missouri who entered covered employment with ten or more years of educational experience in another state or states and held a certificate issued by another state and subsequently worked in a school district covered by the public school retirement system of Missouri for ten or more years who later became certificated in Missouri shall have that certificate dated back to his or her original date of employment in a Missouri public school. 8. The provisions of subdivision (5) of subsection 1 of this section, as well as any other provision of this section relating to the American Board for Certification of Teacher Excellence, shall terminate on August 28, 2014. [fn*] Subdivision (5) of subsection 1 terminates 8-28-14.

168.133. Criminal background checks required for school personnel, when, procedure — rulemaking authority. —1. The school district shall ensure that a criminal background check is conducted on any person employed after January 1, 2005, authorized to have contact with pupils and prior to the individual having contact with any pupil. Such persons include, but are not limited to, administrators, teachers, aides, paraprofessionals, assistants, secretaries, custodians, cooks, and nurses. The school district shall also ensure that a criminal background check is conducted for school bus drivers. The district may allow such drivers to operate buses pending the result of the criminal background check. For bus drivers, the background check shall be conducted on drivers employed by the school district or employed by a pupil transportation company under contract with the school district. 2. In order to facilitate the criminal history background check on any person employed after January 1, 2005, the applicant shall submit two sets of fingerprints collected pursuant to standards determined by the Missouri highway patrol. One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the family care safety registry pursuant to sections 210.900 to 210.936, RSMo, and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files. 3. The applicant shall pay the fee for the state criminal history record information pursuant to section 43.530, RSMo, and sections 210.900 to 210.936, RSMo, and pay the appropriate fee determined by the Federal Bureau of Investigation for the federal criminal history record when he or she applies for a position authorized to have contact with pupils pursuant to this section. The department shall distribute the fees collected for the state and federal criminal histories to the Missouri highway patrol. 4. The school district may adopt a policy to provide for reimbursement of expenses incurred by an employee for state and federal criminal history information pursuant to section 43.530, RSMo. 5. If, as a result of the criminal history background check mandated by this section, it is determined that the holder of a certificate issued pursuant to section 168.021 has pled guilty or nolo contendere to, or been found guilty of a crime or offense listed in section 168.071, or a similar crime or offense committed in another state, the United States, or any other country, regardless of imposition of sentence, such information shall be reported to the department of elementary and secondary education. 6. Any school official making a report to the department of elementary and secondary education in conformity with this section shall not be subject to civil liability for such action. 7. For any teacher who is employed by a school district on a substitute or part-time basis within one year of such teacher's retirement from a Missouri school, the state of Missouri shall not require such teacher to be subject to any additional background checks prior to having contact with pupils. Nothing in this subsection shall be construed as prohibiting or otherwise restricting a school district from requiring additional background checks for such teachers employed by the school district. 8. A criminal background check and fingerprint collection conducted under subsections 1 and 2 of this section shall be valid for at least a period of one year and transferrable from one school district to another district. A teacher's change in type of certification shall have no effect on the transferability or validity of such records. 9. Nothing in this section shall be construed to alter the standards for suspension, denial, or revocation of a certificate issued pursuant to this chapter. 10. The state board of education may promulgate rules for criminal history background checks made pursuant to this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after January 1, 2005, shall be invalid and void.

20-4-113. Access to criminal justice information. (1) Either the trustees of a school district or the superintendent of public instruction may apply to a district court pursuant to 44-5-302 to review confidential criminal justice information that is relevant to the investigation of grounds for suspension or revocation of a teacher, administrator, or specialist certificate under 20-4-110. (2) The district court shall provide the trustees or the superintendent of public instruction access to any confidential criminal justice information that is relevant to an investigation into possible grounds for suspension or revocation of a teacher, administrator, or specialist certificate. The court shall issue a protective order to protect the confidentiality of the information released.

10.57.201A CRIMINAL HISTORY BACKGROUND CHECK--(1) The National Child Protection Act of 1993, as amended, (codified at 42 United States Code sections 5119a and 5119c) (the "Act") authorizes a state and national criminal history background check to determine the fitness of an employee, volunteer, or other person with unsupervised access to children, the elderly, or individuals with disabilities. The background check contemplated herein shall be made pursuant to and with the support of the Act. The purpose of this rule is to support the superintendent of public instruction's duty to evaluate a provider's moral and professional character and to determine whether a provider, as defined herein and in the Act, has been convicted of a crime that bears upon the provider's fitness to have responsibility for the safety and well being of children. (2) As applied to the Act and used in this rule, the following definitions shall apply: (a) "authorized agency" means the Montana office of public instruction; (b) "identification document" means a document made or issued by or under the authority of the United States government, a state, political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; (c) "national criminal history background check" means a report generated from the criminal history record system maintained by the United States federal bureau of investigation based on fingerprint identification or any other method of positive identification; (d) "provider" means those persons seeking educator licensure in Montana and listed in (3); (e) "qualified entity" means the superintendent of public instruction. (3) Except as otherwise provided for herein, each of the following persons (the "applicant") shall provide to the superintendent of public instruction information and material sufficient to obtain a fingerprint-based national criminal history background check (a "background check"): (a) any applicant for initial Montana educator licensure; (b) any person seeking emergency authorization of employment pursuant to 20-4-110, MCA and ARM 10.57.107; and (c) any applicant seeking to reinstate a lapsed, revoked, or suspended educator license. (4) Neither the Superintendent of Public Instruction nor the Board of Public Education shall bear the costs of the background check. (5) The superintendent of public instruction shall not issue to an applicant a Montana educator license pursuant to 20-4-101, et seq., MCA, until the background check has been completed and the results of the background check have been delivered to and reviewed by the superintendent of public instruction. (6) The Superintendent of Public Instruction may accept the results of a background check conducted for field experiences required by a professional educator preparation unit of the Montana university system or for employment in a public school or school district, provided the background check was completed no more than two years before the applicant submits a license application to the Superintendent of Public Instruction. (7) The superintendent of public instruction shall not request a background check of a provider hereunder unless the provider first provides a set of fingerprints and completes and signs a statement that: (a) contains the name, address, and date of birth appearing on a valid identification document of the provider; (b) the provider has not been convicted of a crime and, if the provider has been convicted of a crime, contains a description of the crime and the particulars of the conviction; (c) notifies the provider that the entity may request a background check hereunder; (d) notifies the provider of the provider's rights under (8); and (e) notifies the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to a person to whom the qualified entity provides care. (8) Each provider who is the subject of a background check is entitled to challenge the accuracy and completeness of any information contained in any such report and obtain a prompt determination as to the validity of such challenge before a final determination is made by the authorized agency. (9) The authorized agency shall: (a) upon receipt of a background check report lacking disposition data, conduct research in whatever state and local record keeping systems are available in order to obtain complete data; and (b) make a determination whether the provider has been convicted of, or is under pending indictment for, a crime that bears upon the provider's fitness to have responsibility for the safety and well being of children, the elderly, or individuals with disabilities and shall convey that determination to the qualified entity. (10) Conviction, including conviction following a plea of nolo contendere, a conviction in which the sentence is suspended or deferred, or any other adjudication treated by the court as a conviction, may be considered by the Superintendent of Public Instruction in the licensure process if the conviction was for a sexual offense, a crime involving violence, the sale of drugs, or theft, or any other crime meeting the criteria of Title 37, chapter 1, part 2, MCA.

79-814.01 Criminal history record information search; denial of certificate or permit; when; costs; confidentiality.-- (1) Upon request by the commissioner, the Nebraska State Patrol shall undertake a search for criminal history record information relating to an applicant for a certificate pursuant to subdivision (1)(c) of section 79-808, including transmittal of the applicant's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The criminal history record information check shall include information concerning the applicant from federal repositories of such information and repositories of such information in other states if authorized by federal law. The Nebraska State Patrol shall issue a report to the commissioner that shall include the criminal history record information concerning the applicant. (2) The commissioner may deny issuance of a certificate or permit to any applicant who has a felony conviction or who has any misdemeanor conviction involving abuse, neglect, or sexual misconduct. In reviewing an applicant's criminal history record information, the commissioner shall take into consideration any information, including information submitted by the applicant, regarding (a) the facts and circumstances surrounding a conviction, (b) the type of offense and the sentence imposed, (c) whether the conduct resulting in a conviction would constitute a crime in Nebraska, (d) the date of the offense, (e) the age of the applicant at the time of the offense, and (f) the applicant's conduct and positive social contributions since the offense. (3) The board shall determine and set the costs for processing criminal history record information checks pursuant to this section and section 79-808 which shall be borne by the applicant for a certificate or permit. The costs shall be limited to the actual direct costs arising from the processing of the criminal history record information checks. (4) Criminal history record information subject to federal confidentiality requirements shall remain confidential and may be released only upon the written authorization by the applicant, except that if the applicant appeals the denial of a certificate or permit by the commissioner, the filing of an administrative appeal shall constitute a release of the information for the limited purpose of the appeal. If the applicant requests a closed hearing, such request shall be subject to the Open Meetings Act. 79-814.02 Conditional permit; when. An applicant subject to a criminal history record information check shall be issued a conditional permit prior to receipt by the commissioner of criminal history record information of the applicant, which conditional permit shall be valid for up to one year, if the applicant signs a statement that identifies all crimes of which the applicant has been convicted and the commissioner determines the applicant to be of good moral character and meets all other certification requirements. An applicant's conditional permit is void upon a final determination that the applicant does not meet the requirements for issuance of a certificate. The applicant may request a hearing regarding the denial of a certificate or permit as provided by the rules and regulations adopted pursuant to section 79-808. For purposes of this section, a determination is final upon issuance of a final decision on appeal or upon expiration of the time in which the applicant may request a hearing without such hearing being requested.

NRS 391.100 Employment of personnel by trustees; certain teachers and paraprofessionals required to possess qualifications prescribed by federal law; school district prohibited from requiring licensed employees on approved leave to submit fingerprints as condition of return to employment; exception; school police officers; contract for police services.--1. The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees. 2. A person who is initially hired by the board of trustees of a school district on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not "initially hired" if he has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by his current employer. 3. A person who is employed as a teacher, regardless of the date of hire, must possess, on or before July 1, 2006, the qualifications required by 20 U.S.C. § 6319(a) if he teaches: (a) English, reading or language arts; (b) Mathematics; (c) Science; (d) Foreign language; (e) Civics or government; (f) Economics; (g) Geography; (h) History; or (i) The arts. 4. The board of trustees of a school district: (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. A person who is initially hired as a paraprofessional by a school district on or after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c). A person who is employed as a paraprofessional by a school district, regardless of the date of hire, to work in a program supported with Title I money must possess, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c). For the purposes of this paragraph, a person is not "initially hired" if he has been employed as a paraprofessional by another school district or charter school in this State without an interruption in employment before the date of hire by his current employer. (b) Shall establish policies governing the duties and performance of teacher aides. 5. Each applicant for employment pursuant to this section, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the school district a full set of his fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant. 6. Except as otherwise provided in subsection 7, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation: (a) Sick leave; (b) Sabbatical leave; (c) Personal leave; (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof; (e) Maternity leave; and (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., (to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave. 7. A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his leave of absence. 8. The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer. In addition, persons who provide police services pursuant to subsection 9 or 10 shall be deemed school police officers. 9. The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district and on property owned by the school district, but outside the jurisdiction of the metropolitan police department. 10. The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district and on property therein that is owned by the school district.

NRS 179A.075 Creation; duties of agencies of criminal justice and certain other agencies; duties and powers of Records and Technology Division of Department and Central Repository.--1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department. 2. Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall: (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department. 3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division: (a) Through an electronic network; (b) On a medium of magnetic storage; or (c) In the manner prescribed by the Director of the Department, within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest. 4. The Division shall, in the manner prescribed by the Director of the Department: (a) Collect, maintain and arrange all information submitted to it relating to: (1) Records of criminal history; and (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913. (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him. (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department. 5. The Division may: (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice; (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and: (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny; (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services; (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers' Standards and Training Commission; (4) For whom such information is required to be obtained pursuant to NRS 426.335 and 449.179; or (5) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person's complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report. 6. The Central Repository shall: (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2. (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section. (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository. (d) Investigate the criminal history of any person who: (1) Has applied to the Superintendent of Public Instruction for a license; (2) Has applied to a county school district, charter school or private school for employment; or (3) Is employed by a county school district, charter school or private school, and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude. (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons: (1) Investigated pursuant to paragraph (d); or (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation, who the Central Repository's records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository's initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate. (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS 426.335, 449.176 or 449.179. (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department. (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State. (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency. 7. The Central Repository may: (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children. (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository. (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter. 8. As used in this section: (a) "Personal identifying information" means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation: (1) The name, driver's license number, social security number, date of birth and photograph or computer-generated image of a person; and (2) The fingerprints, voiceprint, retina image and iris image of a person. (b) "Private school" has the meaning ascribed to it in NRS 394.103.

NRS 613 Section 1. Chapter 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act. Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections. Sec. 3. "Consumer credit report" means any written, oral or other communication of information by a consumer reporting agency bearing on the credit worthiness, credit standing or credit capacity of a person. Sec. 4. "Consumer reporting agency" has the meaning ascribed to it in NRS 686A.640. Sec. 5. "Credit information" means any information that is related to credit and derived from a consumer credit report or found on a consumer credit report. The term does not include information that is not related to credit, regardless of whether it is contained in a consumer credit report. Sec. 6. "Employer" has the meaning ascribed to it in subsection 1 of NRS 613.440. Sec. 7. It is unlawful for any employer in this State to: 1. Directly or indirectly, require, request, suggest or cause any employee or prospective employee to submit a consumer credit report or other credit information as a condition of employment; 2. Use, accept, refer to or inquire concerning a consumer credit report or other credit information; 3. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee: (a) Who refuses, declines or fails to submit a consumer credit report or other credit information; or (b) On the basis of the results of a consumer credit report or other credit information; or 4. Discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against any employee or prospective employee who has: (a) Filed any complaint or instituted or caused to be instituted any legal proceeding pursuant to sections 2 to 9, inclusive, of this act; (b) Testified or may testify in any legal proceeding instituted pursuant to sections 2 to 9, inclusive, of this act; or (c) Exercised his or her rights, or has exercised on behalf of another person the rights afforded to him or her pursuant to sections 2 to 9, inclusive, of this act. Sec. 8. 1. An employer who violates the provisions of sections 2 to 9, inclusive, of this act is liable to the employee or prospective employee affected by the violation. The employer is liable for any legal or equitable relief as may be appropriate, including employment of a prospective employee, reinstatement or promotion of an employee and the payment of lost wages and benefits. 2. An action to recover the liability pursuant to subsection 1 may be maintained against the employer by an employee or prospective employee: (a) For or on behalf of the employee or prospective employee; and (b) On behalf of other employees or prospective employees similarly situated. An action must not be commenced pursuant to this section more than 3 years after the date of the alleged violation. 3. In any action brought pursuant to this section, the court, in its discretion, may allow the prevailing party reasonable costs, including attorney's fees. Sec. 9. 1. If any person violates sections 2 to 9, inclusive, of this act, the Labor Commissioner may impose against the person an administrative penalty of not more than $9,000 for each such violation. 2. In determining the amount of any administrative penalty to be imposed against the person, the Labor Commissioner shall consider the previous record of the person in terms of compliance with sections 2 to 9, inclusive, of this act and the severity of the violation. Any administrative penalty imposed against the person is in addition to any other remedy or penalty provided pursuant to this act. 3. The Labor Commissioner may bring a civil action pursuant to this section to restrain violations of sections 2 to 9, inclusive, of this act. A court of competent jurisdiction may issue, without bond, a temporary or permanent restraining order or injunction to require compliance with sections 2 to 9, inclusive, of this act, including any legal or equitable relief incident thereto as may be appropriate, such as employment of a prospective employee, reinstatement or promotion of an employee, and the payment of lost wages and benefits.

189:13-a School Employee and Volunteer Background Investigations.-- I. The employing school administrative unit, school district, or chartered public school shall complete a background investigation and a criminal history records check on every selected applicant for employment in any position in the school administrative unit, school district, or chartered public school prior to a final offer of employment. A school administrative unit, school district, or chartered public school may extend a conditional offer of employment to a selected applicant after completing a background investigation, with a final offer of employment subject to a successfully completed criminal history records check. No selected applicant may be extended a conditional offer of employment unless the school administrative unit, school district, or chartered public school has initiated a criminal history records check. The school administrative unit, school district, or chartered public school shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant, or the acceptance of volunteer services from a designated volunteer, with a criminal history was in any way negligent or deficient, if the school administrative unit, school district, or chartered public school fulfilled the requirements of this section. II. The selected applicant for employment or designated volunteer with a school administrative unit, school district, or chartered public school shall submit to the employer a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of information regarding the presence or absence of any record of convictions of the applicant of felonies or of the crimes listed in paragraph V. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the school administrative unit, school district, or chartered public school. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the school administrative unit, school district, or chartered public school may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant has lived during the past 5 years. III. The school administrative unit, school district, or chartered public school shall submit the criminal history records release form to the New Hampshire state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the state police shall examine the list of crimes constituting grounds for non-approval of employment, or non-acceptance of volunteer services in that school administrative unit, school district, or chartered public school, and shall report the presence or absence of any such crime to the school administrative unit, school district, or chartered public school. Under no circumstances shall the criminal records be released to the school administrative unit, school district, or chartered public school. The school administrative unit, school district, or chartered public school shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph. If the criminal history records information indicates no criminal record, the school administrative unit, school district, or chartered public school shall destroy the information received immediately following its review of the information. If the criminal history records information indicates that the applicant has been convicted of a felony or of a crime listed in paragraph V, the school administrative unit, school district, or chartered public school shall review the information for a hiring decision, and the division of state police shall notify the department of education of any such convictions. The school administrative unit, school district, or chartered public school shall destroy any criminal history record information that indicates a criminal record within 30 days of receiving such information. IV. The school administrative unit, school district, or charter school may require the selected applicant for employment or designated volunteer to pay the actual costs of the background investigation and a criminal history records check. V. Any person who has been convicted of any violation or attempted violation of RSA 630:1; 630:1-a; 630:1-b; 630:2; 632-A:2; 632-A:3; 632-A:4; 633:1; 639:2; 639:3; 645:1, II or III; 645:2; 649-A:3; 649-A:3-a; 649-A:3-b; 649-B:3; or 649-B:4; or any violation or any attempted violation of RSA 650:2 where the act involves a child in material deemed obscene; in this state, or under any statute prohibiting the same conduct in another state, territory, or possession of the United States, shall not be hired by a school administrative unit, school district, or chartered public school. By decision of the appropriate governing body, a school administrative unit, school district, or chartered public school may deny a selected applicant a final offer of employment if such person has been convicted of any felony in addition to those listed above. The governing body may adopt a policy stating that any person who has been convicted of any felony, or any of a list of felonies, shall not be hired. VI. This section applies to any employee, selected applicant for employment, designated volunteer, or volunteer organization which contracts with a school administrative unit, school district, or chartered public school to provide services, including but not limited to cafeteria workers, school bus drivers, custodial personnel, or any other service where the contractor or employees of the contractor provide services directly to students of the district or chartered public school. The cost for background investigations, including criminal history records checks, for employees or selected applicants for employment with such contractors shall be borne by the contractor. VII. The school administrative unit, school district, or chartered public school shall not be required to complete a background investigation or a criminal history records check on volunteers, provided that the governing body of a school administrative unit, school district, or chartered public school shall adopt a policy designating certain categories of volunteers as "designated volunteers" who may be required to undergo a background investigation and a criminal history records check. VIII. A school administrative unit, school district, chartered public school, or school official acting pursuant to a policy establishing procedures for certain volunteers shall be immune from civil or criminal liability, provided the school administrative unit, school district, chartered public school, or school official has in good faith acted in accordance with said policy. Nothing in this paragraph shall be deemed to grant immunity to any person for that person's reckless or wanton conduct. 189:39-b One-Year Certificate of Eligibility. I. The local school board, in consultation with the superintendent, may offer a one-time, one year certificate of eligibility to any person interested in teaching on a full-time or part-time basis, without requiring a person to possess a teaching credential, teaching license, or other teaching certification provided that such person: (a) Possesses at least a bachelor's degree from an accredited postsecondary institution. (b) Is subject to a background investigation pursuant to RSA 189:13-a. (c) Is qualified for the position by relevant experience and education. II. The school board, with input from the superintendent, shall formulate the terms of the certificate of eligibility which shall contain no tenure provisions. III. The department of education shall be notified of the issuance of all certificates of eligibility within 30 days of the date of issuance. IV. Any person who has had a teaching credential, teaching license, or other teaching certification revoked under RSA 189:14-c or RSA 189:14-d, or who has been rendered ineligible to be employed as a teacher under another provision of law, shall not be eligible to teach under this section. V. No person shall be offered more than one certificate of eligibility under this section.

5:12-70.Required Regulations a. The division shall, without limitation include the following specific provisions in its regulations in accordance with the provisions of this act: (1) Prescribing the methods and forms of application and registration which any applicant or registrant shall follow and complete; (2) Prescribing the methods, procedures and form for delivery of information concerning any person's family, habits, character, associates, criminal record, business activities and financial affairs; (3) Prescribing such procedures for the fingerprinting of an applicant, employee of a licensee, or registrant, and methods of identification which may be necessary to accomplish effective enforcement of restrictions on access to the casino floor, the simulcasting facility, and other restricted areas of the casino hotel complex; (4) Prescribing the method of notice to an applicant, registrant or licensee concerning the release of any information or data provided to the commission or division by such applicant, registrant or licensee; (5) Prescribing the manner and procedure of all hearings conducted by the division or any hearing examiner, including special rules of evidence applicable thereto and notices thereof; (6) Prescribing the manner and method of collection of payments of taxes, fees, and penalties; (7) Defining and limiting the areas of operation, the rules of authorized games, including games played upon and wagered through the Internet, odds, and devices permitted, and the method of operation of such games and devices; (8) Regulating the practice and procedures for negotiable transactions involving patrons, including limitations on the circumstances and amounts of such transactions, and the establishment of forms and procedures for negotiable instrument transactions, redemptions, and consolidations (9) Prescribing grounds and procedures for the revocation or suspension of operating certificates, licenses and registrations; (10) Governing the manufacture, distribution, sale, deployment, and servicing of gaming devices and equipment; (11) Prescribing for gaming operations the procedures, forms and methods of management controls, including employee and supervisory tables of organization and responsibility, and minimum security and surveillance standards, including security personnel structure, alarm and other electrical or visual security measures; provided, however, that the division shall grant an applicant for a casino license or a casino licensee broad discretion concerning the organization and responsibilities of management personnel who are not directly involved in the supervision of gaming or simulcast wagering operations; (12) Prescribing the qualifications of, and the conditions pursuant to which, engineers, accountants, and others shall be permitted to practice before the division or to submit materials on behalf of any applicant or licensee; provided, however, that no member of the Legislature, nor any firm with which said member is associated, shall be permitted to appear or practice or act inany capacity whatsoever before the commission or division regarding any matter whatsoever, nor shall any member of the family of the Governor or of a member of the Legislature be permitted to so practice or appear in any capacity whatsoever before the commission or division regarding any matter whatsoever; (13) Prescribing minimum procedures for the exercise of effective control over the internal fiscal affairs of a licensee, including provisions for the safeguarding of assets and revenues, the recording of cash and evidence of indebtedness, and the maintenance of reliable records, accounts, and reports of transactions, operations and events, including reports to the division; (14) Providing for a minimum uniform standard of accountancy methods, procedures and forms; a uniform code of accounts and accounting classifications; and such other standard operating procedures, including those controls listed in subsection a. of section 99 of P.L.1977, c.110 (C.5:12-99), as may be necessary to assure consistency, comparability, and effective disclosure of all financial information, including calculations of percentages of profit by games, tables, gaming devices and slot machines; (15) Requiring quarterly financial reports and the form thereof, and an annual audit prepared by a certified public accountant licensed to do business in this State, attesting to the financial condition of a licensee and disclosing whether the accounts, records and control procedures examined are maintained by the licensee as required by this act and the regulations promulgated hereunder; (16) Governing the gaming-related advertising of casino licensees, their employees and agents, with the view toward assuring that such advertisements are in no way deceptive; provided, however, that such regulations shall require the words "Bet with your head, not over it," or some comparable language approved by the division, to appear on all billboards, signs, and other on-site advertising of a casino operation and shall require the words "If you or someone you know has a gambling problem and wants help, call 1-800 GAMBLER," or some comparable language approved by the division, which language shall include the words "gambling problem" and "call 1-800 GAMBLER," to appear legibly on all print, billboard, and sign advertising of a casino operation; and (17) (Deleted by amendment, P.L.1991, c.182). (18) Concerning the distribution and consumption of alcoholic beverages on the premises of the licensee, which regulations shall be insofar as possible consistent with Title 33 of the Revised Statutes, and shall deviate only insofar as necessary because of the unique character of the hotel casino premises and operations; (19) (Deleted by amendment, P.L.1991, c.182). b. The commission shall, in its regulations, prescribe the manner and procedure of all hearings conducted by the commission, including special rules of evidence applicable thereto and notices thereof.

18A:6-4.13. Nonpublic school employment candidates to demonstrate no criminal history.-- Any nonpublic school may require all final candidates for employment or service under contract with the school as a teacher, substitute teacher, teacher aide, a school physician, school nurse, custodian, maintenance worker, bus driver, security guard, secretary or clerical worker or for any other position which involves regular contact with pupils, to demonstrate that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from employment in the public schools of this State pursuant to the provisions of P.L. 1986, c. 116 (C. 18A:6-7.1 et seq.). Application of this requirement by a nonpublic school shall be consistent and nondiscriminatory among candidates. As used in this act, "nonpublic school" means an elementary or secondary school within the State, other than a public school, offering education in grades K-12 or any combination thereof, wherein a child may legally fulfill compulsory school attendance requirements.

18A:6-4.17. Initial criminal history record check for substitute employees-- An individual employed in any substitute capacity or position by a nonpublic school which requires a criminal history record check, and who is rehired annually by that school, shall only be required to undergo a criminal history record check as authorized pursuant to this act upon initial employment.

18A:6-7.1. Criminal record check in public school employment, volunteer service.-- A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 shall not employ for pay or contract for the paid services of any teaching staff member or substitute teacher, teacher aide, child study team member, school physician, school nurse, custodian, school maintenance worker, cafeteria worker, school law enforcement officer, school secretary or clerical worker or any other person serving in a position which involves regular contact with pupils unless the employer has first determined consistent with the requirements and standards of this act, that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from being employed or utilized in such capacity or position. An individual employed by a board of education or a school bus contractor holding a contract with a board of education, in the capacity of a school bus driver, shall be required to meet the criminal history record requirements pursuant to section 6 of P.L. 1989, c. 104 (C. 18A:39-19.1). A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 may require criminal history record checks for individuals who, on an unpaid voluntary basis, provide services that involve regular contact with pupils. In the case of school districts involved in a sending-receiving relationship, the decision to require criminal history record checks for volunteers shall be made jointly by the boards of education of the sending and receiving districts. An individual, except as provided in subsection g. of this section, shall be permanently disqualified from employment or service under this act if the individual's criminal history record check reveals a record of conviction for any crime of the first or second degree; or a. An offense as set forth in chapter 14 of Title 2C of the New Jersey Statutes, or as set forth in N.J.S. 2C:24-4 and 2C:24-7, or as set forth in R.S. 9:6-1 et seq., or as set forth in N.J.S. 2C:29-2; or b. An offense involving the manufacture, transportation, sale, possession, distribution or habitual use of a "controlled dangerous substance" as defined in the "Comprehensive Drug Reform Act of 1987," N.J.S. 2C:35-1 et al. or "drug paraphernalia" as defined pursuant to N.J.S. 2C:36-1 et seq.; or c. (1) A crime involving the use of force or the threat of force to or upon a person or property including, but not limited to, robbery, aggravated assault, stalking, kidnapping, arson, manslaughter and murder; or (2) A crime as set forth in chapter 39 of Title 2C of the New Jersey Statutes, a third degree crime as set forth in chapter 20 of Title 2C of the New Jersey Statutes, or a crime as listed below:

Recklessly endangering another person
Terroristic threats
Criminal restraint
Luring, enticing child into motor vehicle, structure or isolated area
Causing or risking widespread injury or damage
Criminal mischief
Burglary
Usury
Threats and other improper influence
Perjury and false swearing
Resisting arrest
Escape or (3) Conspiracy to commit or an attempt to commit any of the crimes described in this act.

d. For the purposes of this section, a conviction exists if the individual has at any time been convicted under the laws of this State or under any similar statutes of the United States or any other state for a substantially equivalent crime or other offense. e. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this act on the basis of any conviction disclosed by a criminal record check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record. f. When charges are pending for a crime or any other offense enumerated in this section, the employing board of education shall be notified that the candidate shall not be eligible for employment until the commissioner has made a determination regarding qualification or disqualification upon adjudication of the pending charges. g. This section shall first apply to criminal history record checks conducted on or after the effective date of P.L. 1998, c. 31 (C. 18A:6-7.1c et al.); except that in the case of an individual employed by a board of education or a contracted service provider who is required to undergo a check upon employment with another board of education or contracted service provider, the individual shall be disqualified only for the following offenses: (1) any offense enumerated in this section prior to the effective date of P.L. 1998, c. 31 (C. 18A:6-7.1c et al.); and (2) any offense enumerated in this section which had not been enumerated in this section prior to the effective date of P.L. 1998, c. 31 (C. 18A:6-7.1c et al.), if the person was convicted of that offense on or after the effective date of that act.

18A:6-4.14 Criminal history record check for applicant for nonpublic school employment-- An applicant for employment or service in any of the positions covered by this act shall submit to the Commissioner of Education his or her name, address and fingerprints taken in accordance with procedures established by the commissioner. The commissioner is hereby authorized to exchange fingerprint data with and to receive criminal history record information from the Federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. No criminal history record check shall be performed pursuant to this act unless the applicant shall have furnished his or her written consent to such a check. The applicant shall bear the cost for the criminal history record check, including all costs for administering and processing the check.

18A:6-7.1b. Initial criminal history check for substitutes-- An individual employed by a board of education in any substitute capacity or position, who is rehired annually by that board, shall only be required to undergo a criminal history record check as required pursuant to P.L. 1986, c. 116 (C. 18A:6-7.1 et seq.) upon initial employment, provided the substitute continues in the employ of at least one of the districts at which the substitute was employed within one year of the approval of the criminal history record check.

18A:39-19.1 Bus drivers required to submit certain information to commissioner; notice of pending charges.-- a. Prior to employment as a school bus driver, and upon application for renewal of a school bus driver's license, a bus driver shall submit to the Commissioner of Education his or her name, address and fingerprints in accordance with procedures established by the commissioner. No criminal history record check or check for alcohol and drug-related motor vehicle violations shall be furnished without his or her written consent to such a check. The applicant shall bear the cost for the checks, including all costs for administering and processing the checks. Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, and information on the check for alcohol and drug-related motor vehicle violations from the Division of Motor Vehicle Services, the Commissioner of Education shall notify the applicant, in writing, of the applicant's qualification or disqualification as a school bus driver. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice to the applicant. A school bus driver, except as provided in subsection e. of this section, shall be permanently disqualified from employment or service if the individual's criminal history record reveals a record of conviction for which public school employment candidates are disqualified pursuant to section 1 of P.L. 1986, c. 116 (C. 18A:6-7.1) or if the driver has been convicted at least two times within the last 10 years for a violation of R.S. 39:4-50, section 2 of P.L. 1981, c. 512 (C. 39:4-50.4a), section 5 of P.L. 1990, c. 103 (C. 39:3-10.13), or section 16 of P.L. 1990, c. 103 (C. 39:3-10.24); or once for a violation of section 5 of P.L. 1990, c. 103 (C. 39:3-10.13) or section 16 of P.L. 1990, c. 103 (C. 39:3-10.24) while transporting school children. Following qualification for employment as a school bus driver pursuant to this section, the State Bureau of Identification shall immediately forward to the Commissioner of Education any information which the bureau receives on a charge pending against the school bus driver. If the charge is for one of the crimes or offenses enumerated in section 1 of P.L. 1986, c. 116 (C. 18A:6-7.1), the commissioner shall notify the employing board of education or contractor, and the board or contractor shall take appropriate action. If the pending charge results in conviction, the school bus driver shall not be eligible for continued employment. A school bus driver shall not be eligible to operate a school bus if the individual's bus driver's license is currently revoked or suspended by the Division of Motor Vehicle Services in accordance with R.S. 39:3-10.1. Following qualification for employment as a school bus driver, the Division of Motor Vehicle Services shall immediately forward to the Commissioner of Education any information which the division receives on a conviction for an alcohol or drug-related motor vehicle violation that would disqualify the driver from employment pursuant to the provisions of this subsection. The commissioner shall notify the employing board of education or contractor that the driver is no longer eligible for employment. b. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this act on the basis of any conviction disclosed by a criminal history record check or a check for alcohol and drug-related motor vehicle violations performed pursuant to this section without an opportunity to challenge the accuracy of the disqualifying records. c. When charges are pending for a crime or any other offense enumerated in section 1 of P.L. 1986, c. 116 (C. 18A:6-7.1), the employing board of education or contractor shall be notified that the candidate shall not be eligible for employment until the commissioner has made a determination regarding qualification or disqualification upon adjudication of the pending charges. d. The applicant shall have 30 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information or the record of convictions for an alcohol or drug-related motor vehicle violation. If no challenge is filed or if the determination of the accuracy of the criminal history record information or the record of convictions for an alcohol or drug-related motor vehicle violation upholds the disqualification, notification of the applicant's disqualification for employment shall be forwarded to the Division of Motor Vehicle Services. The local board of education or the school bus contractor and the County Superintendent of Schools shall also be notified of the disqualification. Notwithstanding the provisions of any law to the contrary, the Director of the Division of Motor Vehicle Services shall, upon notice of disqualification from the Commissioner of Education, immediately revoke the applicant's special license issued pursuant to R.S. 39:3-10.1 without necessity of a further hearing. Candidates' records shall be maintained in accordance with the provisions of section 4 of P.L. 1986, c. 116 (C. 18A:6-7.4). e. This section shall first apply to criminal history record checks conducted on or after the effective date of P.L. 1998, c. 31 (C. 18A:6-7.1c et al.); except that in the case of a school bus driver employed by a board of education or a contracted service provider who is required to undergo a check upon application for renewal of a school bus driver's license, the individual shall be disqualified only for the following offenses: (1) any offense enumerated in this section prior to the effective date of P.L. 1998, c. 31 (C. 18A:6-7.1c et al.); and (2) any offense enumerated in this section which had not been enumerated in this section prior to the effective date of P.L. 1998, c. 31 (C. 18A:6-7.1c et al.), if the person was convicted of that offense on or after the effective date of that act. f. (1) Notwithstanding any provision of this section to the contrary, the check for alcohol and drug-related motor vehicle violations shall be conducted in accordance with the provisions of this section prior to initial employment as a school bus driver and upon application for renewal of a school bus driver's license until such time as the provisions of the "Motor Carrier Safety Improvement Act of 1999," Pub.L. 106-159, are effective and implemented by the State. (2) Notwithstanding any provision of this section to the contrary, upon the implementation by the State of the "Motor Carrier Safety Improvement Act of 1999," Pub.L. 106-159, a check for alcohol and drug-related motor vehicle violations shall be conducted in accordance with the provisions of this section prior to initial employment as a school bus driver. A check for alcohol and drug-related motor vehicle violations conducted for any subsequent renewal of a school bus driver's license shall be subject to the provisions of the "Motor Carrier Safety Improvement Act of 1999," Pub.L. 106-159. (3) Upon the implementation by the State of the "Motor Carrier Safety Improvement Act of 1999," Pub.L. 106-159, following qualification for employment as a school bus driver, the Division of Motor Vehicle Services shall immediately notify the Commissioner of Education of the suspension or revocation of a school bus driver's commercial driver's license. The commissioner shall notify the employing board of education or contractor of the suspension or revocation, and the employment of the school bus driver shall be immediately terminated. In the case of a school bus driver whose commercial driver's license has been suspended, the driver may apply for re-employment at the end of the period of suspension.

18A:39-20 Compliance required for assigning bus driver; violations; fine.-- No board of education or contractor shall knowingly approve or knowingly assign an individual, as a driver or substitute driver of a school bus, without first complying with the provisions of this chapter, and any person violating, or failing to comply with such provisions shall be subject to a fine of not more than $5,000 for each driver unlawfully approved or assigned.

18A:6-7.1c Employment of applicant on emergent basis, conditions.--A board of education or contracted service provider may employ an applicant on an emergent basis for a period not to exceed three months, pending completion of a criminal history records check and, with respect to a bus driver applicant, a check for the driver's record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L. 1989, c. 104 (C. 18A:39-19.1), if the board or service provider demonstrates to the Commissioner of Education that special circumstances exist which justify the emergent employment. The board's or service provider's request to the commissioner shall include: (1) a description of the vacant position that needs to be filled; (2) a statement describing the board's or contract provider's good faith efforts to fill the position on a timely basis or a statement describing the unanticipated need for the applicant's employment; and (3) a sworn statement submitted by the applicant attesting that the applicant has not been convicted or does not have a charge pending for a crime or any other offense enumerated in section 1 of P.L. 1986, c. 116 (C. 18A:6-7.1) or a record of alcohol and drug-related motor vehicle violations pursuant to section 6 of P.L. 1989, c. 104 (C. 18A:39-19.1). In the event that the background check is not completed within three months, the board or contracted service provider may petition the commissioner for an extension of time, not to exceed two months, in order to retain the employee.

22-10A-5. Background checks; known convictions; alleged ethical misconduct; reporting required; limited immunity; penalty for failure to report.-- A. As used in this section, "ethical misconduct" means unacceptable behavior or conduct engaged in by a licensed school employee and includes inappropriate touching, sexual harassment, discrimination and behavior intended to induce a child into engaging in illegal, immoral or other prohibited behavior. B. An applicant for initial licensure shall be fingerprinted and shall provide two fingerprint cards or the equivalent electronic fingerprints to the department to obtain the applicant's federal bureau of investigation record. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act. Other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the denial, suspension or revocation of a license for good and just cause. Records and related information shall be privileged and shall not be disclosed to a person not directly involved in the licensure or employment decisions affecting the specific applicant. The applicant for initial licensure shall pay for the cost of obtaining the federal bureau of investigation record. C. Local school boards and regional education cooperatives shall develop policies and procedures to require background checks on an applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school. D. An applicant for employment who has been initially licensed within twenty-four months of applying for employment with a local school board, regional education cooperative or a charter school shall not be required to submit to another background check if the department has copies of the applicant's federal bureau of investigation records on file. An applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school shall provide two fingerprint cards or the equivalent electronic fingerprints to the local school board, regional education cooperative or charter school to obtain the applicant's federal bureau of investigation record. The applicant, contractor or contractor's employee who has been offered employment by a regional education cooperative or at a public school may be required to pay for the cost of obtaining a background check. At the request of a local school board, regional education cooperative or charter school, the department is authorized to release copies of federal bureau of investigation records that are on file with the department and that are not more than twenty-four months old. Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act; provided that other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the employment decisions for good and just cause. Records and related information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision affecting the specific applicant who has been offered employment, contractor or contractor's employee with unsupervised access to students at a public school. E. A local superintendent, charter school administrator or regional education cooperative shall report to the department any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the licensed school employee. F. A local superintendent, charter school administrator or director of a regional education cooperative or their respective designees shall investigate all allegations of ethical misconduct about any licensed school employee who resigns, is being discharged or terminated or otherwise leaves employment after an allegation has been made. If the investigation results in a finding of wrongdoing, the local superintendent, charter school administrator or director of a regional education cooperative shall report the identity of the licensed school employee and attendant circumstances of the ethical misconduct on a standardized form to the department and the licensed school employee within thirty days following the separation from employment. Copies of that form shall not be maintained in public school, school district or regional education cooperative records. No agreement between a departing licensed school employee and the local school board, school district, charter school or regional education cooperative shall diminish or eliminate the responsibility of investigating and reporting the alleged ethical misconduct, and any such agreement to the contrary is void. Unless the department has commenced its own investigation of the licensed school employee prior to receipt of the form, the department shall serve the licensed school employee with a notice of contemplated action involving that employee's license within ninety days of receipt of the form. If that notice of contemplated action is not served on the licensed school employee within ninety days of receipt of the form, the form, together with any documents related to the alleged ethical misconduct, shall be expunged from the licensed school employee's records with the department and shall not be subject to public inspection. G. The secretary may suspend, revoke or refuse to renew the license of a local superintendent, charter school administrator or regional education cooperative director who fails to report as required by Subsections E and F of this section. H. A person who in good faith reports as provided in Subsections E and F of this section shall not be held liable for civil damages as a result of the report. The person being accused shall have the right to sue for any damages sustained as a result of negligent or intentional reporting of inaccurate information or the disclosure of any information to an unauthorized person.

3001-d Educ. Criminal history record checks and conditional appointments; nonpublic and private schools.-- 1. a. "Employee" shall mean any prospective employee of a nonpublic or private elementary or secondary school which requires the fingerprinting of prospective employees pursuant to this section, or employee of a contracted service provider or worker placed within such school under a public assistance employment program, pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such school, its students or employees, directly or through contract, whereby such services performed by such person involve direct student contact. Any nonpublic or private elementary or secondary school which elects to submit for review criminal history information concerning prospective employees must do so with respect to each such prospective employee, as defined in this paragraph, in accordance with this section. b. "Volunteer" shall mean any person, other than an employee, who provides services to a nonpublic or private elementary or secondary school which elects to require the fingerprinting of prospective employees pursuant to this section, which involve direct student contact. 2. Any nonpublic or private elementary or secondary school may require, for the purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this article, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this article or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history record search. Every set of fingerprints taken pursuant to this section shall be promptly submitted to the commissioner for the purposes of clearance for employment. 3. (a) Any nonpublic or private elementary or secondary school may conditionally appoint a prospective employee. A request for conditional clearance may be forwarded to the commissioner along with the prospective employee's fingerprints. Such appointment may be delayed until notification by the commissioner that the prospective employee has been conditionally cleared for employment and shall terminate when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, provided that if clearance is granted, the appointment shall continue and the conditional status shall be removed. Prior to commencement of such conditional appointment, the prospective employer shall obtain a signed statement for conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction outside the state. (b) Any nonpublic or private elementary or secondary school may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such appointment is made, the process for conditional appointment pursuant to paragraph (a) of this subdivision may also be initiated. Emergency conditional appointment may commence prior to notification from the commissioner on conditional clearance and shall terminate when the prospective employer is notified by the commissioner regarding conditional clearance, provided that if conditional clearance is granted, the appointment may continue as a conditional appointment. Prior to the commencement of such appointment, the prospective employer must obtain a signed statement for emergency conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction. An "unforeseen emergency vacancy" shall be defined as: (i) a vacancy that occurred less than ten business days before the start of any school session, including summer school, or during any school session, including summer school, without sufficient notice to allow for clearance or conditional clearance; (ii) when no other qualified person is available to fill the vacancy temporarily; and (iii) when emergency conditional appointment is necessary to maintain services which the school is legally required to provide or services necessary to protect the health, education or safety of students or staff. (c) Each nonpublic or private elementary or secondary school, which elects to fingerprint prospective employees pursuant to subdivision two of this section, shall develop a policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment. 4. Fees. Notwithstanding any other provision of law to the contrary, the commissioner is authorized to charge additional fees to applicants for certificates pursuant to this section in an amount equal to the fees established pursuant to law by the division of criminal justice services and the federal bureau of investigation for the searches authorized by this section.

3035 Educ. Duties of commissioner; submission of fingerprints.--1. The commissioner shall submit to the division of criminal justice services two sets of fingerprints of prospective employees as defined in subdivision three of section eleven hundred twenty-five of this chapter received from a school district, charter school or board of cooperative educational services and of prospective employees received from nonpublic and private elementary and secondary schools pursuant to title two of this chapter, and the division of criminal justice services processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law and any fee imposed by the federal bureau of investigation. The division of criminal justice services and the federal bureau of investigation shall forward such criminal history record to the commissioner in a timely manner. For the purposes of this section, the term "criminal history record" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services and the federal bureau of investigation. All such criminal history records sent to the commissioner pursuant to this subdivision shall be confidential pursuant to the applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than the commissioner, unless otherwise authorized by law. 2. No cause of action against the commissioner, the department or the division of criminal justice services for damages related to the dissemination of criminal history records pursuant to this section shall exist when the commissioner, department or division of criminal justice services has reasonably and in good faith relied upon the accuracy and completeness of criminal history information furnished to it by qualified agencies. The provision of such information by the division of criminal justice services shall be subject to the provisions of subdivision sixteen of section two hundred ninety-six of the executive law. The consideration of such criminal history record by the commissioner shall be subject to article twenty-three-a of the correction law. 3.[fn*] (a) Clearance. After receipt of a criminal history record from the division of criminal justice services and the federal bureau of investigation the commissioner shall promptly notify the appropriate school district, charter school, board of cooperative educational services, or nonpublic or private elementary or secondary school whether the prospective employee to which such report relates is cleared for employment based upon his or her criminal history. All determinations to grant or deny clearance for employment pursuant to this paragraph shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and article twenty-three-A of the correction law. When the commissioner denies a prospective employee clearance for employment, such prospective employee shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the commissioner. (b) Conditional clearance. When the commissioner receives a request for a determination on the conditional clearance of a prospective employee, the commissioner, after receipt of a criminal history record from the division of criminal justice services, shall promptly notify the prospective employee and the appropriate school district, charter school, board of cooperative educational services, or nonpublic or private elementary or secondary school that the prospective employee to which such report relates is conditionally cleared for employment based upon his or her criminal history or that more time is needed to make the determination. If the commissioner determines that more time is needed, the notification shall include a good faith estimate of the amount of additional time needed. Such notification shall be made within fifteen business days after the commissioner receives the prospective employee's fingerprints. All determinations to grant or deny conditional clearance for employment pursuant to this paragraph shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and article twenty-three-A of the correction law. [fn*] NB Effective until 2010/07/01, pursuant to Laws 2001, ch. 147, Sec. 12, as amended by Laws 2009, ch. 179, Sec. 8 3.[fn*] After receipt of a criminal history record from the division of criminal justice services and the federal bureau of investigation the commissioner shall promptly notify the appropriate school district, charter school, board of cooperative educational services, or nonpublic or private elementary or secondary school whether the prospective employee to which such report relates is cleared for employment based upon his or her criminal history. All determinations to grant or deny clearance for employment pursuant to this subdivision shall be performed in accordance with subdivision sixteen of section two hundred ninety-six of the executive law and article twenty-three-A of the correction law. When the commissioner denies a prospective employee clearance for employment, such prospective employee shall be afforded notice and the right to be heard and offer proof in opposition to such determination in accordance with the regulations of the commissioner. [fn*] NB Effective 2010/07/01, pursuant to Laws 2001, ch. 147, Sec. 12, as amended by Laws 2009, ch. 179, Sec. 8 3-a. Upon request from a prospective employee who has been cleared by the commissioner for employment and/or certification, the commissioner shall have the authority to forward a copy of such criminal history record to the city school district of the city of New York by the most expeditious means available. Furthermore, upon notification that such prospective employee is employed by the city school district of the city of New York, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the city school district of the city of New York. Upon request from a prospective employee who has been cleared for licensure and/or employment by the city school district of the city of New York, such school district shall have the authority to forward a copy of the prospective employee's criminal history record to the commissioner, by the most expeditious means available, for the purposes of this section. Furthermore, upon notification that such prospective employee is employed by a school district outside the city of New York, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the commissioner. 4. The fee provisions of subdivision two of section three thousand four-b of this chapter shall apply to criminal history records searches conducted pursuant to this section; provided however that, notwithstanding the provisions of any other law: (a) the fees associated with an employee participating in a public assistance employment program, pursuant to title nine-B of article five of the social services law, or receiving employment services through the federal temporary assistance for needy families block grant pursuant to appropriations to the office of temporary disability assistance, shall be paid by the social services district making such employment placement or assignment and the cost of such fees, if not subject to full reimbursement under such federal block grant, shall be deemed to be an employment services administrative expense. In no event shall such a participant described herein be required to personally pay any fee imposed by the division of criminal justice services or the Federal Bureau of Investigation or any other fee for the purpose of conducting a criminal history records search; and (b) any prospective employee, including, notwithstanding any provision of law to the contrary, a prospective employee applying for a position in a school district within a city with a population of one million or more, may submit a request to a governing body of a school district, on a form prescribed by the commissioner, that the fees imposed for conducting a criminal history records check be waived. Such governing body may grant such a request if such governing body determines that payment of such a fee would impose an unreasonable financial hardship on the applicant or his or her family and, upon such determination, the governing body shall pay such fee on behalf of the prospective employee to the appropriate authority. 5. The commissioner and the division of criminal justice services shall enter into an agreement for the purposes of implementing the provisions of this section. 6. Nothing in this section shall be construed or interpreted to alter or in any way diminish the integrity of collective bargaining agreements negotiated between an employer and any certified or authorized collective bargaining agent, with respect to payment of fees for criminal history records searches, nor to diminish any rights pursuant to such agreements.

3004-b Educ. Special procedures for certification.--1.[fn*] Criminal history records search. Upon receipt of an application for certification as a superintendent of schools, teacher, administrator or supervisor, teaching assistant or school personnel required to hold a teaching or administrative license or certificate, the commissioner shall, subject to the rules and regulations of the division of criminal justice services, initiate a criminal history records search of the person making application, except that nothing in this section shall be construed to require a criminal history record check of an individual who holds a valid provisional certificate on the effective date of this section and applies for permanent certification in the same certificate title, or of an individual who applies for a temporary license to serve in the city school district of the city of New York and has been cleared for licensure and/or employment by such city school district pursuant to subdivision twenty of section twenty-five hundred ninety-h of this chapter. Prior to initiating the fingerprinting process, the commissioner shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. The commissioner shall obtain from each applicant two sets of fingerprints and the division of criminal justice services processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law and any fee imposed by the federal bureau of investigation. The commissioner shall promptly transmit such fingerprints and fees to the division of criminal justice services for its full search and retain processing. The division of criminal justice services is authorized to submit the fingerprints and the appropriate fee to the federal bureau of investigation for a national criminal history record check. The division of criminal justice services and the federal bureau of investigation shall forward such criminal history record to the commissioner in a timely manner. For the purposes of this section the term "criminal history record" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services and the federal bureau of investigation. In addition, upon request from an applicant who has applied for employment with the city school district of the city of New York, the commissioner shall have the authority to forward a copy of such criminal history record to the city school district of the city of New York by the most expeditious means available. Furthermore, upon notification that such applicant is employed by the city school district of the city of New York, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the city school district of the city of New York. Upon request from an applicant who has already been cleared for licensure and/or employment by the city school district of the city of New York, such school district shall have the authority to forward a copy of the applicant's criminal history record to the commissioner, by the most expeditious means available, for the purposes of this section. Furthermore, upon notification that such applicant has been certified, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the commissioner. All such criminal history records processed and sent pursuant to this subdivision shall be confidential pursuant to the applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than the commissioner, unless otherwise authorized by law. No cause of action against the department or the division of criminal justice services for damages related to the dissemination of criminal history records pursuant to this subdivision shall exist when the department or division of criminal justice services has reasonably and in good faith relied upon the accuracy and completeness of criminal history information furnished to it by qualified agencies. The provision of such criminal history record by the division of criminal justice services shall be subject to the provisions of subdivision sixteen of section two hundred ninety-six of the executive law. The commissioner shall consider such criminal history record pursuant to article twenty-three-A of the correction law. 1.[fn*] Criminal history records search. Upon receipt of an application for certification as a superintendent of schools, teacher, administrator or supervisor, teaching assistant or school personnel required to hold a teaching or administrative license or certificate, the commissioner shall, subject to the rules and regulations of the division of criminal justice services, initiate a criminal history records search of the person making application. Prior to initiating the fingerprinting process, the commissioner shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. The commissioner shall obtain from each applicant two sets of fingerprints and the division of criminal justice services processing fee imposed pursuant to subdivision eight-a of section eight hundred thirty-seven of the executive law and any fee imposed by the federal bureau of investigation. The commissioner shall promptly transmit such fingerprints and fees to the division of criminal justice services for its full search and retain processing. The division of criminal justice services is authorized to submit the fingerprints and the appropriate fee to the federal bureau of investigation for a national criminal history record check. The division of criminal justice services and the federal bureau of investigation shall forward such criminal history record to the commissioner in a timely manner. For the purposes of this section the term "criminal history record" shall mean a record of all convictions of crimes and any pending criminal charges maintained on an individual by the division of criminal justice services and the federal bureau of investigation. In addition, upon request from an applicant who has applied for employment with the city school district of the city of New York, the commissioner shall have the authority to forward a copy of such criminal history record to the city school district of the city of New York by the most expeditious means available. Furthermore, upon notification that such applicant is employed by the city school district of the city of New York, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the city school district of the city of New York. Upon request from an applicant who has already been cleared for licensure and/or employment by the city school district of the city of New York, such school district shall have the authority to forward a copy of the applicant's criminal history record to the commissioner, by the most expeditious means available, for the purposes of this section. Furthermore, upon notification that such applicant has been certified, the division of criminal justice services shall have the authority to provide subsequent criminal history notifications directly to the commissioner. All such criminal history records processed and sent pursuant to this subdivision shall be confidential pursuant to the applicable federal and state laws, rules and regulations, and shall not be published or in any way disclosed to persons other than the commissioner, unless otherwise authorized by law. No cause of action against the department or the division of criminal justice services for damages related to the dissemination of criminal history records pursuant to this subdivision shall exist when the department or division of criminal justice services has reasonably and in good faith relied upon the accuracy and completeness of criminal history information furnished to it by qualified agencies. The provision of such criminal history record by the division of criminal justice services shall be subject to the provisions of subdivision sixteen of section two hundred ninety-six of the executive law. The commissioner shall consider such criminal history record pursuant to article twenty-three-A of the correction law. 2. Fees. Notwithstanding any other provision of law to the contrary, the commissioner is authorized to charge additional fees to applicants for teaching or administrative licenses or certificates in an amount equal to the fees established pursuant to law by the division of criminal justice services and the Federal Bureau of Investigation for the searches mandated by this section.

87.3. Requirements for applicants for certification.-- An individual who applies on or after July 1, 2001 for certification as a superintendent of schools, teacher, administrator or supervisor, teaching assistant, or in any other title for which a teaching or administrative license or certificate is required pursuant to Part 80 of this Title, shall meet the requirements of this section, except for individuals who apply for a permanent certificate and hold a valid provisional certificate, applied for prior to July 1, 2001, in the same title for which the permanent certificate is sought, and except that the requirements of this section shall not be applicable for an individual to qualify for a temporary license, pursuant to section 80-5.10 of this Title, for employment by the city school district of the City of New York, provided that such individual has been cleared for employment by such school district after fingerprinting and a criminal history record check, pursuant to section 2590-h(20) of the Education Law. (a) Where the applicant is not already in the SED criminal history file, except as provided in section 87.9(d) of this Part, the applicant for certification shall: (1) consent to the department making a request for his or her criminal history record from the DCJS and the Federal Bureau of Investigation, upon a form prescribed by the department that meets the requirements of section 305(30)(b) of the Education Law; and (2) be fingerprinted for purposes of a criminal history record check by authorized personnel of a designated fingerprinting entity. The applicant for certification shall cause the designated fingerprinting entity to transmit two sets of completed fingerprint cards to the department for the purpose of a criminal history record check and clearance for certification along with the consent form and the fee required by section 87.8 of this Part. (b) Where the applicant for certification is already in the SED criminal history file, the applicant shall notify the department of this fact on forms or an equivalent manner prescribed by the department. No fee shall be payable to thedepartment for such request for clearance. (c) Where the applicant for certification is already in the SED criminal history file and the department has previously obtained from both DCJS and the FBI the applicant's criminal history record, the department's criminal history record check shall be a review of the criminal history record obtained by the department from the FBI dating from the department's past request for this information and all convictions of crimes and any pending criminal charges maintained on the individual by DCJS. Where the applicant for certification is not already in the SED criminal history file, except as provided in section 87.9(d) of this Part, the department's criminal history record check shall be a review of a record of all convictions of crimes and any pending criminal charges maintained on an individual by DCJS and the FBI.

1604 Educ. Powers and duties of trustees.--It shall be the duty of the trustees of a common school district, and they shall have the power: 1. To call special meetings of the inhabitants of such district whenever they shall deem it necessary and proper. 2. To give notice of special, annual and adjourned meetings in the manner prescribed in this chapter, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse to act. 3. To make out a tax-list of every district tax voted by a district meeting, or authorized by law, which shall contain the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, as directed in article seventy-one of this chapter. 4. To purchase or lease such schoolhouse sites and other grounds to be used for playgrounds, or for agriculture, athletic center and social center purposes, and to purchase or build such schoolhouses, as a district meeting may authorize; to hire temporarily such rooms or buildings as may be necessary for school purposes; and to purchase such implements, supplies and apparatus as may be necessary to provide instruction in agriculture, or to equip and maintain play-grounds, and to conduct athletic and social center activities in the district, when authorized by a vote of a district meeting. 5. To have the custody and safe-keeping of the district schoolhouses, their sites and appurtenances. 6. To insure the school buildings, furniture and school apparatus in an insurance company created by or under the laws of this state, or in an insurance company authorized by law to transact business in this state, and to comply with the conditions of the policy, and raise by a district tax the amount required to pay the premiums thereon. 7. To insure the school library in such a company in a sum fixed by a district meeting, and to raise the premium by a district tax, and comply with the conditions of the policy. 7-a. In their discretion to insure pupils against damage occasioned because of accidental personal injuries sustained while participating in physical education classes, intramural and interscholastic sports activities, in such a company, and raise by district tax the amount required to pay the premiums thereon. 7-b. In their discretion, to purchase insurance against accidents to pupils occurring in school, on school grounds, while being transported between home and school in a school bus as defined in section thirty-six hundred twenty-one, and during sponsored trips. 8. To appoint and enter into contract with a superintendent of schools as provided in, and consistent with, section seventeen hundred eleven of this chapter, and to employ in accordance with, and subject to, the provisions of section three thousand twelve of this chapter as many legally qualified teachers as the schools of the district require; to determine the rate of compensation of each teacher and to determine the terms of school to be held during each school year, and to employ persons to supervise, organize, conduct and maintain athletic, playground and social center activities when they are authorized by a vote of a district meeting as provided by law. The regular teachers of the school may be employed at an increased compensation or otherwise, and by separate agreement, written or oral, for one or more of such additional duties. 9. To establish rules for the government and discipline of the schools of the district. 10. To prescribe the course of studies to be pursued in such schools. Provisions shall be made for instructing pupils in all schools supported by public money, or under state control, in all subjects in which such instruction is required to be given under the provisions of article seventeen of this chapter. 11. To pay the schools moneys apportioned to the district by giving orders on the county treasurer, or on the collector or treasurer of such district when duly qualified to receive and disburse the same. 12. To collect by district tax an amount sufficient to maintain school in the district for the current school year, including any judgment rendered against the district, after deducting from the aggregate amount required for this purpose the amount of school moneys in the hands of the county treasurer, collector or treasurer of the district and to pay the same by written orders on such district collector or treasurer. 13. To draw upon the county treasurer, the collector or treasurer of the district, when duly qualified to receive and disburse the same, for the school moneys, by written orders signed by the sole trustee, or where there are three trustees, signed by a majority of said trustees; provided, however, that in common school districts employing ten or more teachers and having a treasurer and a board of three trustees, by resolution duly adopted, the board may authorize one voucher-order check to be drawn in the total amount of a duly certified payroll for the salaries of regularly appointed employees and officers legally entitled to be compensated for their services; the proceeds of such voucher-order payroll check shall be credited to a payroll account from which checks shall be signed only by the treasurer of the district and drawn payable to individual employees or officers legally entitled to be compensated for services. 14. To keep each of the schoolhouses under their charge, and its furniture, school apparatus and appurtenances, in necessary and proper repair, and make the same reasonably comfortable for use, but shall not expend therefore without vote of the district an amount to exceed one hundred dollars in any one year. 15. To make any repairs and abate any nuisances, pursuant to the direction of the district superintendent as herein provided, and provide fuel, stoves or other heating apparatus, pails, brooms and other implements necessary to keep the schoolhouses and the schoolrooms clean, and make them reasonably comfortable for use, when no provision has been made therefore by a vote of the district, or the sum voted by the district for said purposes shall have proved insufficient. 16. To provide for all janitorial work in and about the school buildings, and pay reasonable compensation therefore. 17. To provide bound blank-books for the entering of their accounts, the records of the district and the proceedings of district and trustee meetings, and a list of the movable property of the district and they shall deliver such books to their successors in office. 18. To expend in the purchase of a dictionary, books, reproductions of standard works of art, maps, globes or other school apparatus, including implements, apparatus and supplies for instruction in agriculture, or for conducting athletic playgrounds and social center activities, a sum not exceeding fifty dollars in any one year, without a vote of the district. 19. To establish temporary or branch schools in such places in the district as shall best accommodate the children, and to hire rooms or buildings therefore and to fit up and furnish such rooms or buildings in a suitable manner for conducting school therein when it is shown: a. That any considerable number of the children residing in a portion of the district are so remote from the schoolhouse as to render it difficult for them to attend school in such schoolhouse in inclement weather, or b. That the schoolhouse is overcrowded and proper accommodations are not afforded all the children of the district, or c. That for any other sufficient reason suitable and proper school facilities are not provided by the existing school accommodations. 20. To provide transportation, home-teaching or special classes, as defined under sections forty-four hundred one and forty-four hundred two of this chapter for physically or mentally handicapped and delinquent children. Such transportation, home-teaching or special classes, when provided pursuant to this subdivision, shall be granted to all such children irrespective of the school they legally attend. 21. To purchase and maintain, when authorized by a vote of the qualified voters of the school district, a motor vehicle or vehicles to be used for the transportation of the school children of the district. Such motor vehicle or vehicles may be leased to another school district when not needed for such transportation. Likewise when not so needed such motor vehicle or vehicles may be leased to a school district or a municipality as defined in section two of chapter five hundred fifty-six of the laws of nineteen hundred forty-five, for the purpose of transporting children and instructors in connection with (a) a recreation project or a youth service project operated by one or more municipalities or by a school district, if such project is authorized and approved by the state youth commission, or (b) a youth bureau or agency or activity or project of a county, town, city or village which is devoted to the welfare of youth therein or to providing leisure-time activities for youth or assistance to children, as authorized in section ninety-five of the general municipal law, or (c) one or more playgrounds and neighborhood recreation centers operated and maintained by one or more cities except New York, Buffalo and Rochester, counties except Erie and the counties within the city of New York, towns or villages, whether or not any school board or district joins in such operating and maintaining, as authorized in section two hundred forty-four-b of the general municipal law. In any case when such motor vehicle shall be leased as provided in this subdivision, public liability and property damage insurance, fire insurance and compensation insurance of drivers shall be provided and collision insurance shall be provided in the amount of the value of the vehicle, to protect the lessor. The additional cost of such insurance shall be paid by the lessee. No part of the costs and expenses resulting from operation, maintenance and repair of such vehicles during the leasing thereof shall be included in determining the amount of any form of state aid received by such school district. 21-a.[fn*] To lease a motor vehicle or vehicles to be used for the transportation of the children of the district from a school district, board of cooperative educational services or county vocational education and extension board or from any other source, under the conditions specified in this subdivision. No such agreement for the lease of a motor vehicle or vehicles shall be for a term of more than one school year, provided that when authorized by a vote of the qualified voters of the district such lease may have a term of up to five years. Where the trustee or board of trustees enter into a lease of a motor vehicle or vehicles pursuant to this subdivision for a term of one school year or less, such trustee or board shall not be authorized to enter into another lease for the same or an equivalent replacement vehicle or vehicles, as determined by the commissioner, without obtaining approval of the qualified voters of the school district. 22. To pay any judgment levied against the district and in the event there are no moneys otherwise available, to levy a tax upon the taxable property of the district to pay the same. 23. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when authorized to do so under subdivision nineteen of section two thousand twenty-one, by vote of the inhabitants of the district entitled to vote, or to contract for the operation, maintenance and garaging of motor vehicles owned by the district, in accordance with such rules and regulations as such trustees may establish, consistent with the regulations of the commissioner of education. Upon authorization by a school district meeting, every such contract of transportation may be made for a period not exceeding five years, notwithstanding any provision of any other law inconsistent herewith. 24. To furnish lighting facilities, janitorial care and supervision for highway underpasses when authorized to do so by vote of a district meeting under the provisions of subdivision twenty of section two thousand fifteen of this chapter. 25. To provide school health services, as defined in subdivision two of section nine hundred one of this chapter, to all children in attendance upon schools under their supervision and to pay any expense incurred therefore. 26. To establish a petty cash fund for the use of the principal, teacher or clerk of the school district for the payment, in advance of authorization, of properly itemized bills for materials, supplies or services furnished to the school district under conditions calling for immediate payment to the vendor upon delivery of any such materials or supplies or the rendering of any such services. The amount of such a petty cash fund and the method of handling same shall be in accordance with regulations established by the commissioner of education. 27. To reimburse members of the teaching and supervising staff for expenses actually and necessarily incurred in the performance of their official duties and to make such rules and regulations in relation thereto as they shall deem necessary and proper. Such rules and regulations may include the establishment of a mileage rate for the use of personally owned cars for such purpose in lieu of auditing and allowing claims for actual and necessary expenses of travel. 28. To provide, maintain and operate a cafeteria or restaurant service for the use of pupils and teachers while in school and for the use by the community for school related functions and activities and to furnish meals to the elderly residents, sixty years of age or older, of the district. Such utilization shall be subject to the approval of the board of education. Charges shall be sufficient to meet the direct cost of preparing and serving such meals, reducible by available reimbursements. 29. To prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same, pursuant to the provisions of this chapter, and to furnish the same to pupils out of any moneys provided for that purpose. 29-a. To develop a plan to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disability, as defined in section forty-four hundred one of this chapter, and for each student who is a qualified individual with a disability as defined in the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as amended, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. As part of such plan the trustee or board of trustees shall amend its procurement policies to give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. For purposes of this subdivision, "alternative format" shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in an approved format, as defined in the regulations of the commissioner. When an electronic file is provided, the plan shall specify how the format will be accessed by students and/or how the district shall convert to an accessible format. Such plan shall identify the needs of students residing in the district for alternative format materials. Such plan shall also specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials. Such plans shall include procedures to address the need to obtain materials in alternative format without delay for disabled students who move into the school district during the school year. 30. To have in all respects the superintendence, management and control of the educational affairs of the district, and, therefore, shall have all the powers reasonably necessary to exercise powers granted expressly or by implication and to discharge duties imposed expressly or by implication by this chapter or other statutes. 31. To provide workmen's compensation coverage as provided in the workmen's compensation law for all teachers and other employees for injuries incurred in actual performance of duty. 31-a. In its discretion, to provide under a group insurance policy or policies issued by any insurance company or insurance companies authorized to do business in this state or under a group contract issued by one or more corporations subject to article forty-three of the insurance law, life insurance or accident and health insurance benefits or medical and surgical benefits or hospital service benefits or any two or more of such kinds of benefits to teachers and other employees of the school district who participate in a plan or plans, as hereinafter provided. The disbursing officer of the school district is authorized to deduct from the salary of such participant with his prior consent, in writing, the sums representing the participant's share of the premium or premiums which are payable by such officer to such insurance company or corporation. Such board of education is authorized to pay from such moneys as are available for the purpose, a share of the cost of such benefit or benefits in such amount as is required to be paid under such group insurance policy or policies or group contract or contracts by the board of education, as employer. The sum to be paid by the board of education under such policy or policies or contract or contracts, in the discretion of such board may be any percentage of the total cost of the benefit or benefits including the whole thereof. 31-b. In their discretion, to purchase insurance against personal injuries incurred by an authorized participant in a school volunteer program, including but not limited to, those authorized participants who assist on school buses, school sponsored transportation to and from school, or on school sponsored field trips or any other school sponsored activity; provided, however, that the injuries were incurred while the authorized participant was functioning either within the scope of his or her authorized volunteer duties or under the direction of the board of education, trustee, or board of cooperative educational services, or both. 32. In its discretion, and with the written consent of any employee, to deduct from the salary of such employee such amount as may be agreed to by such employee for payment to any credit union doing business in the state of New York as such employee may designate. Any such written authorization may be withdrawn by such employee at any time. 33. In his discretion to contract with a social services district pursuant to subdivision three of section four hundred ten of the social services law to furnish day care for children on behalf of the social services district. 34. To appoint a district clerk, and a district treasurer, where such office is not filled by election pursuant to section two thousand twenty-one of this chapter, to serve the district during each school year, or until a successor is appointed. 35. a. In their discretion, to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such trustees. Such claims auditor shall report directly to the trustees. No person shall be eligible for appointment to the office of claims auditor who shall also be: (1) a trustee of the school district; (2) the clerk or treasurer of the school district; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. Such claims auditor shall not be required to be a resident of the district, and the position of claims auditor shall be classified in the exempt class of the civil service. The trustees, at any time after the establishment of the office of claims auditor, may adopt a resolution abolishing such office, whereupon such office shall be abolished. When the office of claims auditor shall have been established and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the trustees with respect to claims auditing, and allowing or rejecting all accounts, charges, claims or demands against the school district, shall devolve upon and thereafter be exercised by such claims auditor during the continuance of such office. The trustees shall be permitted to delegate the claims audit function by using (1) intermunicipal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. 36. In its discretion to provide that the proceeds of the sale or appropriation of school district real property shall, after being used for any legally required purpose be used to reduce real property taxes in such district for a period not to exceed ten school years, or such lesser period as it may direct. Such proceeds may be invested and any interest obtained may also be used for such purpose. Such reserve fund shall be invested and reinvested pursuant to the provisions of subdivision two of section sixteen hundred four-a of this article. 37. In their discretion and in compliance with rules and regulations of the commissioner promulgated pursuant to section one hundred one-a of this chapter, to give written notice to the family court pursuant to subdivision four of section seven hundred fifty-eight-a and subdivision four of section 353.6 of the family court act of the desire of the school district to act in the supervision of certain juveniles while performing services for the public good. 38. To offer monetary rewards, in sums not to exceed one thousand dollars, to individuals for information leading to the arrest and conviction of any person or persons for felonies or misdemeanors directly connected to vandalism of district property. Such rewards may be offered on any conditions such trustees may determine, subject to whatever qualifications it may deem appropriate. Any expenditure made or liability incurred in pursuance of this section shall be a charge upon the district. 39.[fn*] a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. b. Upon the recommendation of the superintendent, the trustees may conditionally appoint a prospective employee. A request for conditional clearance shall be forwarded to the commissioner along with the prospective employee's fingerprints, as required by paragraph a of this subdivision. Such appointment shall not commence until notification by the commissioner that the prospective employee has been conditionally cleared for employment and shall terminate forty-five days after such notification of conditional clearance or when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, whichever occurs earlier, and may not be extended or renewed unless the commissioner issues a new conditional clearance after finding that there was good cause for failing to obtain clearance within such period, provided that if clearance is granted, the appointment shall continue and the conditional status shall be removed. Prior to commencement of such conditional appointment, the prospective employer shall obtain a signed statement for conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction outside the state. c. Upon the recommendation of the superintendent, the trustees may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such appointment is made, the process for conditional appointment pursuant to paragraph b of this subdivision must also be initiated. Emergency conditional appointment may commence prior to notification from the commissioner on conditional clearance but shall terminate twenty business days from the date such appointment commences or when the prospective employer is notified by the commissioner regarding conditional clearance, whichever occurs earlier, provided that if conditional clearance is granted, the appointment shall continue as a conditional appointment. Prior to the commencement of such appointment, the prospective employer must obtain a signed statement for emergency conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction. An unforeseen emergency vacancy shall be defined as: (i) a vacancy that occurred less than ten business days before the start of any school session, including summer school, or during any school session, including summer school, without sufficient notice to allow for clearance or conditional clearance; (ii) when no other qualified person is available to fill the vacancy temporarily; and (iii) when emergency conditional appointment is necessary to maintain services which the district is legally required to provide or services necessary to protect the health, education or safety of students or staff. The provisions of subparagraph (i) of this paragraph shall not apply if the trustees find that the district has been unable to fill the vacancy despite good faith efforts to fill such vacancy in a manner which would have allowed sufficient time for clearance or conditional clearance. d. Shall develop a policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment. 39.[fn*] Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. 40. Shall upon commencement and termination of employment of an employee by the district, provide the commissioner with the name of and position held by such employee. 41. Where the district has provided transportation to students enrolled in such district to a school sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the district, unless the parent or legal guardian of a student participating in such event has provided the school district with written notice, consistent with district policy, authorizing an alternative form of return transportation for such student or unless intervening circumstances make such transportation impractical. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the district impractical, a representative of the school district shall remain with the student until such student's parent or legal guardian has been (a) contacted and informed of the intervening circumstances which make such transportation impractical and (b) such student had been delivered to his or her parent or legal guardian. 42. a. To enter into a lease, sublease or other agreement with the dormitory authority providing for the financing or refinancing of all or a portion of the school district capital facilities or school district capital equipment in accordance with section sixteen hundred eighty of the public authorities law and with the approval of the commissioner. Such lease, sublease, or other agreement may provide for the payment of annual or other payments to the dormitory authority, and contain such other terms and conditions as may be agreed upon by the parties thereto, including the establishment of reserve funds and indemnities. For purposes of this subdivision, school district capital equipment shall have the meaning ascribed thereto in section sixteen hundred seventy-six of the public authorities law. b. Notwithstanding any provisions of law to the contrary, the dormitory authority and the trustee or board of trustees are hereby authorized and empowered to perform any and all acts and to enter into any and all agreements necessary or desirable to effectuate the purposes of this subdivision.

1804 Educ. Board of education; election; powers and duties.--1. Each such central school district shall be managed by a board of education consisting of five, seven or nine members, which board shall have the same powers and duties as boards of education in union free school districts as prescribed by this chapter. Except as provided in this article, all the provisions of this chapter or of any other general law relating to or affecting union free school districts shall apply to central districts organized as herein provided. The corporate existence of any city school district the territory of which is enlarged by the formation of a central school district pursuant to this article shall continue and such central school district shall be and shall be designated as a city school district and shall be subject to the provisions of article fifty-one of this chapter and to those provisions of this article which are not inconsistent with the provisions of article fifty-one. 2. The first board of education shall be elected at the meeting at which the resolution organizing such central school district and establishing a central school is adopted or in case the alternative voting procedure authorized by section eighteen hundred three-a of this chapter has been adopted, at the meeting referred to in subdivision seven of such section. It shall be the duty of such meeting to elect five, seven or nine members of the board of education who shall by order of such meeting be divided into a sufficient number of classes so that as nearly as possible an equal number of members shall be elected to the board each year. 3. The number of members of the board of education of an organized and existing central school district may be increased to seven or nine members in the same manner as increases are made in union free school districts. The number of members of a board containing nine members may be decreased to seven or five members and the number of members of a board containing seven members may be decreased to five members in the same manner as decreases are made in union free school districts. 4. The annual meeting and election in each central school district shall be held on the third Tuesday of May provided, however that such annual meeting and election shall be held on the second Tuesday in May if the commissioner at the request of a local school board certifies no later than March first that such election would conflict with religious observances, and any school budget revote shall be held on the date specified in subdivision three of section two thousand seven of this title. Such annual meeting and school budget revote shall be conducted and the election of members of the board shall be held in the same manner as in union free school districts organized and operating under the provisions of this chapter. The board of education of each central school district shall hold a budget hearing not less than seven nor more than fourteen days prior to the annual or special district meeting at which a school budget vote will occur, and shall prepare and present to the voters at such budget hearing a proposed school district budget for the ensuing school year. 5. a. Nothing herein contained shall be construed to deprive any existing school district of the property belonging to such district, or to affect the indebtedness of said district. An existing district within the meaning of this article shall be construed to mean a district that lies within the boundaries of a central school district. Each such existing district shall be deemed to continue to exist in law for the purpose of paying all its just debts, including obligations lawfully issued prior to the organization of such central school district, together with all interest thereon as the same shall fall due. In levying the annual school tax upon the property of such central school districts, the board of education shall also assess and levy upon the taxable property of each such existing district which has an outstanding indebtedness, an additional sum sufficient to pay all of such indebtedness which shall fall due during the school year for which the tax is levied less any sum received by such central school district and apportioned and credited to the existing school district pursuant to the provisions of subdivision four of section eighteen hundred six of this article. b. Notwithstanding the provisions of paragraph a of this subdivision, whenever a common school district or a union free school district shall, after July first, nineteen hundred sixty-four, become a part of a central school district either pursuant to the provisions of subdivision one of section eighteen hundred two of this article, or pursuant to the provisions of subdivision two thereof, or whenever a central school district, after such date, shall become a part of another central school district pursuant to either of such provisions, the central school district, of which any such district shall have become a part, shall succeed to all the property rights of such common, union free or central school district and all indebtedness of any such school district evidenced by bonds or notes or relating to school building construction shall become a charge upon such central school district of which such district shall have become a part, but all other indebtedness of any such district shall be paid by any such district in accordance with the provisions of section fifteen hundred eighteen of this chapter and to that extent any such district shall continue to exist in law for the purpose of providing for and paying all such indebtedness in accordance with the provisions of such section. 6. a. The board of education shall not sell or otherwise dispose of the property of any such existing district except with the approval of a majority of the qualified voters of such existing district present and voting upon the question at a meeting of such voters duly called by such board of education; provided, however, that upon the expiration of five years from the date of discontinuance of a school, pursuant to section one thousand eight hundred five of this chapter, the board of education may, in its discretion, without a vote by such qualified voters upon such question, sell or otherwise dispose, in the manner provided by law, of such a school or other building previously used for school purposes and the real property on which it is situated. For that purpose the proceeds of such sale or disposal of property belonging to such existing district, after deducting the cost of repairs or improvements made after the organization of the central school district, shall be used for the payment of the portion payable by such existing district of any outstanding indebtedness of such existing district which shall be due and payable or which may thereafter become due and payable. Any balance remaining after the payment of such indebtedness shall be apportioned among the taxpayers of such existing district as they appear upon the last completed town or city assessment roll preceding the date of sale, providing such apportioned sum shall equal or exceed five dollars and unless the voters of such existing district by a majority vote of those present and voting at a special district meeting called for that purpose shall vote to turn over the proceeds of such sale or disposal of such property to the central district to be used for the benefit of the central district. Any balance of funds remaining in the treasury of the several districts included within the central school district on July first next following the date of the establishment of such central school district, after paying all outstanding obligations then due and payable, shall be turned over to the treasurer of the central school district within thirty days thereafter and shall become available for use by the board of education of the central school district; provided, however, that if any such existing district shall have any obligations which shall become due and payable after such July first, so much of any such balance of funds as may be necessary shall be held in a special account by the treasurer of the central school district for the purpose of paying the principal of, and interest on, such obligations, as the same shall become due and payable from time to time. The title to all property erected or otherwise acquired after the organization of such central school district shall be vested in the central district, irrespective of the location of such property. b. The provisions of paragraph a of this subdivision shall not be applicable to the property of any common or union free school district which, after July first, nineteen hundred sixty-four, shall become part of a central school district, nor to any central school district which, after such date, shall become part of another central school district. c. Notwithstanding the provisions of paragraph a of this subdivision, the board of education of a central school district may, by resolution, after a period of at least seven years of centralization, sell any piece of real property which such board shall deem to be of no use or value therefore. The sale of such property shall be without the approval of the qualified voters of the school district, unless a petition requiring that the question as to the sale of such property be submitted to a vote by the qualified voters of such district. Such petition shall be subscribed and acknowledged by at least ten per centum of the qualified voters of such district, and filed with the clerk of the board of education within thirty days of the adoption of such resolution. Upon the affirmative vote of a majority of the qualified voters, voting thereon, such resolution shall become effective. The proceeds derived from such sale shall revert to the use and benefit of the entire district. Upon approval by the board of education, such funds may be (i) utilized to reduce existing bonded indebtedness; (ii) applied to construction, reconstruction or renovation within such district; or (iii) applied to the general fund of such district. 7. Deeds of property sold or disposed of under the provisions of the preceding subdivision shall be executed by the board of education of the central school district or a majority of the members thereof. Any deed duly executed and delivered by the board of education of the central school district in the course of a sale or disposal of real property of a constituent district pursuant to the provisions of the preceding subdivision shall be valid and effectual to pass all the estate or interest of such constituent district in the premises. All deeds or other conveyances of real property of any district heretofore made and delivered, executed by said board of education of said central school district by its officers, or in the manner in which deeds are executed by corporations, or executed in any other manner, shall be as valid and of the same force and effect as if executed by said board of education of said central school district or a majority of the members thereof; but this provision shall not affect any action or proceeding pending at the time of the taking effect hereof. 8. The board of education may, in its discretion, provide compensation to a speaker or speakers at commencement day exercises in such amount as may be determined by the board. 9.[fn*] a. The board of education shall, for purposes of a criminal history record check, require the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. b. Upon the recommendation of the superintendent, the board may conditionally appoint a prospective employee. A request for conditional clearance shall be forwarded to the commissioner along with the prospective employee's fingerprints, as required by paragraph a of this subdivision. Such appointment shall not commence until notification by the commissioner that the prospective employee has been conditionally cleared for employment and shall terminate forty-five days after such notification of conditional clearance or when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, whichever occurs earlier, and may not be extended or renewed unless the commissioner issues a new conditional clearance after finding that there was good cause for failing to obtain clearance within such period, provided that if clearance is granted the appointment shall continue and the conditional status shall be removed. Prior to commencement of such conditional appointment, the prospective employer shall obtain a signed statement for conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction outside the state. c. Upon the recommendation of the superintendent, the board may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such appointment is made, the process for conditional appointment pursuant to paragraph b of this subdivision must also be initiated. Emergency conditional appointment may commence prior to notification from the commissioner on conditional clearance but shall terminate twenty business days from the date such appointment commences or when the prospective employer is notified by the commissioner regarding conditional clearance, whichever occurs earlier, provided that if conditional clearance is granted the appointment shall continue as a conditional appointment. Prior to the commencement of such appointment, the prospective employer must obtain a signed statement for emergency conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction. An unforeseen emergency vacancy shall be defined as: (i) a vacancy that occurred less than ten business days before the start of any school session, including summer school, or during any school session, including summer school, without sufficient notice to allow for clearance or conditional clearance; (ii) when no other qualified person is available to fill the vacancy temporarily; and (iii) when emergency conditional appointment is necessary to maintain services which the district is legally required to provide or services necessary to protect the health, education or safety of students or staff. The provisions of subparagraph (i) of this paragraph shall not apply if the board finds that the district has been unable to fill the vacancy despite good faith efforts to fill such vacancy in a manner which would have allowed sufficient time for clearance or conditional clearance. d. Shall develop a policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment. 9.[fn*] The board of education shall, for purposes of a criminal history record check, require the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. 10. The board of education shall upon commencement and termination of employment of an employee by the school district, provide the commissioner with the name of and position held by such employee. 11. Where the district has provided transportation to students enrolled in such district to a school sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the district, unless the parent or legal guardian of a student participating in such event has provided the school district with written notice, consistent with district policy, authorizing an alternative form of return transportation for such student or unless intervening circumstances make such transportation impractical. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the district impractical, a representative of the school district shall remain with the student until such student's parent or legal guardian has been (a) contacted and informed of the intervening circumstances which make such transportation impractical and (b) such student had been delivered to his or her parent or legal guardian. 12. Each central school district, at the next annual meeting subsequent to the effective date of the chapter of the laws of two thousand five which amended this subdivision, may submit to the qualified voters of the district for approval, the issue of ex officio student membership on the school district's board of education, by a student attending a high school within such school district. Upon voter approval, each such district shall establish a process for student membership selection pursuant to paragraph c of this subdivision. If, prior to August fifth, two thousand three, a school district had a policy that allowed a student or students to be ex officio members of the school board, such policy shall be deemed to meet the requirements of this subdivision and shall be deemed to have full legal effect. In any district that contains more than one high school, such process shall take into consideration the number of high schools within the district and provide for a mechanism which allows for fair representation among the schools. Such school district shall allow such selected student to serve as an ex officio member of such district's board of education, and, if so, provided further that: a. The ex officio student member of the board shall be entitled to sit with board members at all public meetings of the board and participate in all board hearings and meetings. b. The ex officio student member of the board shall not be allowed to vote, shall not be allowed to attend executive session, and shall not be entitled to receive compensation of any form for participating at board meetings. c. Notwithstanding any other law to the contrary, the ex officio student member of the board may be any of the following: the student that has been duly elected as student president of the high school; a student duly elected by the student body; a student selected by the high school student government; a student selected by the high school principal; a student selected by the superintendent of schools; a student selected by majority vote of the school board. Provided, however, in districts having district-wide student governments or advisory committees, the student ex officio member shall be selected by the superintendent of schools from among the members of such district wide student governments or advisory committees, subject to ratification by majority vote of the school board. d. The ex officio student member shall be a senior at the high school and shall have attended such high school for at least two years prior to selection. 12-a. Each central school district may offer to the voters once every two years, on the same date as the annual school district budget vote, a separate referendum to decide whether the school district shall allow a student, as established under this section, to serve on the school board as an ex officio, non-voting member.

2554 Educ. Powers and duties of board of education. --Subject to the provisions of this chapter, the board of education in a city, except the city board of the city of New York, shall have the power and it shall be its duty:[fn*] Subject to the provisions of this chapter, the board of education in a city shall have the power and it shall be its duty:[fn*] 1. To perform any duty imposed upon boards of education or trustees of common schools under this chapter or other statutes, or the rules of the regents and regulations of the commissioner of education so far as they may be applicable to the school or other educational affairs of a city, and not inconsistent with the provisions of this article, except that the provisions of subdivision six of section sixteen hundred four and subdivision eight of section seventeen hundred nine of this chapter shall not be applicable to a board of education in any city having a population of over thirty-five thousand in which the title to the school property is vested in the city. 2. To create, abolish, maintain and consolidate such positions, divisions, boards or bureaus as, in its judgment, may be necessary for the proper and efficient administration of its work; to appoint a superintendent of schools, such associate, assistant, district and other superintendents, examiners, directors, supervisors, principals, teachers, lecturers, special instructors, medical inspectors, nurses, auditors, attendance officers, secretaries, clerks, custodians, janitors and other employees and other persons or experts in educational, social or recreational work or in the business management or direction of its affairs as said board shall determine necessary for the efficient management of the schools and other educational, social, recreational and business activities; provided, however, that in the city school districts of the cities of Buffalo and Rochester appointment of associate, assistant and district superintendents, and other supervising staff who are excluded from the right to bargain collectively pursuant to article fourteen of the civil service law shall, within the amounts budgeted for such positions, be by the superintendent of such city school district; and to determine their duties except as otherwise provided herein. 2-a. a. In its discretion to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of the board. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor who shall be (1) a member of the board of education; (2) a clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. The position of claims auditor shall be classified in the exempt class of civil service. The board of education, at any time after the establishment of the office of claims auditor, may adopt a resolution abolishing the office. When the office of claims auditor shall have been established and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to auditing accounts, charges, claims or demands against the city school district shall devolve upon and thereafter be exercised by such claims auditor, during the continuance of the office. The board of education shall be permitted to delegate the claims audit function by using (1) inter-municipal cooperative agreements, or (2) independent contractors, to fulfill this function. 3.[fn*] To appoint, in a city having a population of one million or more, notwithstanding the provisions of any local laws or charter to the contrary, a superintendent of schools emeritus, whose duty it shall be to consult and advise with the educational officers as and when requested by the superintendent of schools. No person shall be eligible for such appointment unless he shall have served in the positions of superintendent of schools, associate superintendent and district superintendent or assistant superintendent, and whose total period of service in such position shall have been at least ten years in a city having a population of one million or more. He shall receive for the duration of his life such annual salary as the board of education and the mayor or like financial authority shall determine at the time of his appointment, but he shall not receive a retirement allowance or any other benefit from the teachers' retirement system or any other pension fund, and upon his death his beneficiaries and/or his estate shall not be entitled to any benefits from any pension fund as a result of his service. 4. To have the care, custody, control and safekeeping of all school property or other property of the city used for educational, social or recreational work and not specifically placed by law under the control of some other body or officer, and to prescribe rules and regulations for the preservation of such property. 5.[fn*] To dispose, in the city of New York, of such personal property used in the schools and other buildings of the city of New York under the charge of the board of education of such city as shall no longer be required for use therein. Such disposition shall be made in the name of the city of New York and for such city. Such board may sell, at prices as may be agreed upon, such manufactured articles or other products of any of its schools, day and evening, as may not be utilized by the board of education and all moneys realized by the sale thereof shall be paid into the city treasury and shall at once be appropriated by the city to a special fund to be administered by the board of education for such purposes as such board, in its discretion, may determine. All other moneys realized by the sale of personal property shall be paid into the city treasury and shall at once be appropriated by the city to the special school fund of the board of education for use in the borough in which the property sold was situated. Such method of disposal shall be deemed not to apply to the disposition of school books pursuant to subdivision eight of this section. 6. To lease property required for the purpose of furnishing school accommodations for schools administered by the board of education and to prepare and execute leases therefore. To be eligible for aid pursuant to subdivision six of section thirty-six hundred two of this chapter, any such lease shall be approved by the commissioner prior to execution; the leased space shall meet requirements for access by individuals with disabilities to both facilities and programs, as defined in regulations of the commissioner; the requirements set forth in paragraphs a, b, c, d and f of subdivision one of section four hundred three-b of this chapter shall be met, except for the requirement of voter approval; and the leased space shall be used to house programs for pupils in grades prekindergarten through twelve, other than programs funded pursuant to section forty-four hundred ten of this chapter, with minimal associated administrative and support services space as approved by the commissioner. 7. To purchase and furnish such apparatus, maps, globes, books, furniture and other equipment and supplies as may be necessary for the proper and efficient management of the schools and other educational, social and recreational activities and interests under its management and control. To provide textbooks or other supplies to all the children attending the schools of such cities in which free textbooks or other supplies were lawfully provided prior to June eighth, nineteen hundred seventeen. 7-a.[fn*] To develop a plan to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disability, as defined in section forty-four hundred one of this chapter, and for each student who is a qualified individual with a disability as defined in the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701), as amended, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. As part of such plan, the board of education shall amend its procurement policies to give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. For purposes of this subdivision, "alternative format" shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in an approved format, as defined in the regulations of the commissioner. When an electronic file is provided, the plan shall specify how the format will be accessed by students and/or how the district shall convert to an accessible format. Such plan shall identify the needs of students residing in the district for alternative format materials. Such plan shall also specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials. Such plans shall include procedures to address the need to obtain materials in alternative format without delay for disabled students who move into the school district during the school year. 7-a.[fn*] To develop a plan to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disability, as defined in section forty-four hundred one of this chapter, and for each student who is a qualified individual with a disability as defined in the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as amended, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students; provided that in the city school district of the city of New York, such plan shall be developed by the chancellor of the city district. As part of such plan, the board of education shall amend its procurement policies to give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. For purposes of this subdivision, "alternative format" shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in an approved format, as defined in the regulations of the commissioner. When an electronic file is provided, the plan shall specify how the format will be accessed by students and/or how the district shall convert to an accessible format. Such plan shall identify the needs of students residing in the district for alternative format materials. Such plan shall also specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials. Such plans shall include procedures to address the need to obtain materials in alternative format without delay for disabled students who move into the school district during the school year. 8.[fn*] To dispose of, in the city of New York, to the best advantage of the city of New York, either by sale or on the basis of money allowance for waste paper all books delivered to the several public schools of such city that have been discarded either by reason of being obsolete, no longer required by the course of study, worn by long usage or mutilated by accident. If disposal is made by sale it shall be to the highest bidder and the money realized shall be paid into the city treasury and shall at once be appropriated by the city to the special school fund of the board of education entitled "supplies". If disposal is made on the basis of money allowance for waste paper, it shall be to the highest bidder. Such discarded books may be disposed of without public advertisement or entry into a formal contract. Should the discarded books be in such condition that no sale or exchange can be made, or should there be reason to believe that such discarded books have become infected through disease among the pupils, or should the superintendent of schools certify that such discarded books contain erroneous, inaccurate, obsolete or antiquated subject matter, illustrations, maps, charts or other material, the committee on supplies of the board of education, if such books cannot be sold, given away or otherwise salvaged as waste paper without danger to the public health, may authorize their destruction by fire, in which event the superintendent of school supplies shall obtain and file in his office a certificate that such books have been so destroyed, signed by the principal of the school in which the books are located. 9. To establish and maintain such free elementary schools, high schools, training schools, vocational and industrial schools, kindergartens, nursery schools, technical schools, night schools, part-time or continuation schools, vocation schools, schools for adults, schools for physically or mentally handicapped or delinquent children or such other schools or classes as such board shall deem necessary to meet the needs and demands of the city. 10. To establish and maintain libraries which may be open to the public, to organize and maintain public lecture courses, and to establish and equip playgrounds, recreation centers, social centers, and reading rooms from such funds as the education law or other statutes authorize and the state appropriates for such purposes, and from such other funds as may be provided therefore from local taxation or other sources. 11. To authorize the general courses of study which shall be given in the schools and to approve the content of such courses before they become operative. 12. To authorize and determine the textbooks to be used in the schools under its jurisdiction. 13. a. To prescribe such regulations and by-laws as may be necessary to make effectual the provisions of this chapter and for the conduct of the proceedings of said board and the transaction of its business affairs, for the general management, operation, control, maintenance and discipline of the schools, and of all other educational, social or recreational activities and other interests under its charge or direction. b.[fn*] In a city having a population of one million or more, the city board shall prescribe such regulations and by-laws authorizing the chancellor to exercise such of its administrative and ministerial powers as the board may deem necessary to make effectual the provisions of this chapter and for the general management, operation, control, maintenance and discipline of schools, and of all other educational, social or recreational activities and other interests under its charge or direction. If in the exercise of its discretion and in order better to discharge its policy-making and other functions and to provide for the efficient administration of the educational system, the board delegates any of its administrative and ministerial powers to the chancellor, such chancellor shall exercise such delegated powers in the same manner and with the same force and effect as if such powers were given to him under the provisions of the education law. 14.[fn*] To provide in the schools administered by the board of education of the city of New York, the proper book or books, in form as required by the by-laws of the board of education of such city, in which it shall cause the class teachers under the direction and supervision of the principal to enter the names, ages and residences of the pupils attending the school, the name of the parent or guardian of each pupil and the days on which the pupils shall have attended respectively, and the aggregate attendance of each pupil during the year, and also the day upon which the school shall have been visited by the superintendent of schools or by an associate superintendent of schools or by an assistant superintendent, or by members of the board of education, or by members of the local school board, or by any of them, which entry shall be verified by such oath or affirmation of the principal as may be prescribed by the board of education of such city. Such books shall be preserved as the property of such board of education and shall at all times be open to inspection by members of such board of education, by members of the local school boards and by the superintendent of schools, or by any associate superintendent of schools, or by the assistant superintendents. 15. a. To perform such other duties and possess such other powers as may be required to administer the affairs placed under its control and management, to execute all powers vested in it, and to promote the best interests of the schools and other activities committed to its care, and to authorize, or in its discretion to conduct, and maintain such extra classroom activities, including the operation of cafeterias or restaurant service for pupils and teachers, as the board, from time to time, shall deem proper. Such cafeterias or restaurant service may be used by the community for school related functions and activities and to furnish meals to the elderly residents, sixty years of age or older, of the district. Such utilization shall be subject to the approval of the board of education. Charges shall be sufficient to meet the direct cost of preparing and serving such meals, reducible by available reimbursements. b.[fn*] In a city having a population of one million or more, the board of education shall make rules and regulations for the conduct, operation and maintenance of extra classroom activities and for the safeguarding, accounting and audit of all moneys received and derived therefrom. In the case of any extra classroom activity as it shall deem proper, and notwithstanding the provisions of section twenty-five hundred thirty of this chapter, it may direct that the moneys received or derived from the conduct, operation or maintenance of such an extra classroom activity be deposited with the auditor of the board of education, who in such event shall be the treasurer of such an extra classroom activity, the moneys of which are required to be so deposited. In the procurement of articles and services for the conduct, operation and maintenance of a cafeteria or restaurant service, the board of education shall be subject to the provisions of subdivision ten of section twenty-five hundred six of this chapter, except that said board of education need not have duly advertised for estimates in order to contract for such articles or services in an amount exceeding one thousand dollars. In such a city, the board of education shall also have power to assign any of its officers or employees to perform such duties as it may prescribe in connection with an extra classroom activity and to designate such of its officers and employees when so assigned from whom a bond shall be required for faithful performance of their duties and to fix the sum in which each such bond shall be given. c. For the purposes of this section, a general organization of students of a school conducted under the rules and regulations of the board of education or with its approval, and engaged in extra classroom activities other than the operation of a cafeteria or restaurant service shall be known as a student organization. Unless such student organization is required by the board of education to deposit with the auditor the moneys received or derived from carrying on such extra classroom activity, such moneys shall be subject to the use and disposition of such student organization under the rules and regulations prescribed by the board of education. d.[fn*] The board of education in a city having a population of one million or more shall inquire into the origin of all moneys or other property in the possession of any student organization, on March twenty-third, nineteen hundred thirty-six, and all such moneys which the board of education may find to have been derived from the operation of a cafeteria or restaurant service, it may require to be deposited with the auditor of the board of education and applied to the conduct and operation of a cafeteria or restaurant service, or other extra classroom activity, in such manner and to such extent as the board of education may direct. (e)[fn*] In order to facilitate operation of the school lunch programs administered by the board of education of the city of New York, better to serve the public interest, all persons employed in a cafeteria or lunchroom in any high school under the jurisdiction of this board for one year prior to the date this section takes effect, shall, because of their special training, experience and efficiency, and, notwithstanding any provisions to the contrary in any general, special or local law, be continued in the employment of this board without competitive examination, provided the necessary funds for such continued employment are appropriated by the board. The positions so held by such employees shall be in the noncompetitive class. The New York city civil service commission, however, after notice to any such employee of the reasons therefore, and after according such employee a hearing, may exclude him from further employment if found by the commission not to be a person of satisfactorily good character. Not later than one year after this section shall take effect, the commission shall determine for which of such positions competitive examinations shall have become feasible, and shall thereupon reclassify the various positions, with the approval of the mayor and the state civil service commission. The then incumbents of such positions shall continue to hold their positions without further examination, provided, however, that all subsequent appointments to such positions shall be made in accordance with the civil service law and rules. 16. To compensate, in its discretion, teachers and other employees for loss of personal property but shall provide workmen's compensation coverage as provided in the workmen's compensation law for all teachers and other employees for injuries incurred in actual performance of duty and with respect to teachers and other employees for whom such workmen's compensation coverage is not required in cities of one million or more population, to provide in its discretion for reasonable medical and hospital expenses for injuries incurred in actual performance of duty on or after July first, nineteen hundred sixty-two. 16-a. In its discretion, to provide under a group insurance policy or policies issued by any insurance company or insurance companies authorized to do business in this state or under a group contract issued by one or more corporations subject to article forty-three of the insurance law, life insurance or accident and health insurance benefits or medical and surgical benefits or hospital service benefits or any two or more of such kinds of benefits to teachers and other employees of the school district who participate in a plan or plans, as hereinafter provided. The disbursing officer of the school district is authorized to deduct from the salary of such participant with his prior consent, in writing, the sums representing the participant's share of the premium or premiums which are payable by such officer to such insurance company or corporation. Such board of education is authorized to pay from such moneys as are available for the purpose, a share of the cost of such benefit or benefits in such amount as is required to be paid under such group insurance policy or policies or group contract or contracts by the board of education, as employer. The sum to be paid by the board of education under such policy or policies or contract or contracts, in the discretion of such board may be any percentage of the total cost of the benefit or benefits including the whole thereof. Notwithstanding any provisions of this chapter, subdivision thirty-one-a of section one thousand six hundred four, subdivision thirty-four-a of section one thousand seven hundred nine and subdivision ten-a of section two thousand five hundred three of the education law and this subdivision shall not apply to a city having a population of one million or more inhabitants. 16-b. In its discretion, to purchase insurance against personal injuries incurred by an authorized participant in a school volunteer program, including but not limited to, those authorized participants who assist on school buses, school sponsored transportation to and from school, or on school sponsored field trips or any other school sponsored activity; provided, however, that the injuries were incurred while the authorized participant was functioning either within the scope of his or her authorized volunteer duties or under the direction of the board of education, trustee, or board of cooperative educational services, or both. 17.[fn*] To maintain, in the city of New York, through such representatives as it may designate, an effective visitation and inspection of all schools and classes maintained in institutions controlled by the department of correction of the city of New York. 18. To provide transportation, home-teaching or special classes, as defined under sections forty-four hundred one and forty-four hundred two of this chapter for physically or mentally handicapped and delinquent children. Such transportation, home-teaching or special classes, when provided pursuant to this subdivision, shall be granted to all such children irrespective of the school they legally attend. 19. To provide by contract for the transportation of children to and from any school or institution of learning whenever in its judgment such transportation is required because of the remoteness of the school to the pupil or for the promotion of the best interests of such children. Any such contract may be made for a period not exceeding five years, notwithstanding any provision of any charter or other provision of law inconsistent herewith. 19-a.[fn*] In its discretion, to lease a motor vehicle or vehicles for the transportation of children of the district under the same terms and conditions as the board of education of a union free school district, provided, however that no voter approval shall be required. 19-b. To establish a minority scholarship recruitment program by the board of education of the city of Buffalo. 20. To provide, outside the territorial limits of the city school district but within the state or within an adjoining state, for the education of children resident within the city school district whenever in the judgment of the board of education, approved by the commissioner of education, the health or welfare of such children makes such provision necessary or desirable, and the average daily attendance of such pupils shall be included in the average daily attendance of such district as certified to the commissioner in the report of the board of education. 21.[fn*] To assign, in its discretion, one or more employees of the board in a city having a population of one million or more to serve as trial examiner with power to conduct investigations and hearings on behalf of such board. Each trial examiner shall report the result of any such investigation or hearing to the board. 22. To provide, in its discretion, compensation to a speaker or speakers at commencement day exercises in such amount as may be determined by the board. 23. In its discretion, and with the written consent of any employee, to deduct from the salary of such employee such amount as may be agreed to by such employee for payment to any credit union doing business in the state of New York as such employee may designate. Any such written authorization may be withdrawn by such employee at any time. 24.[fn*] Each year, the board of education shall prepare a school district report card, pursuant to regulations of the commissioner, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the annual meeting, and otherwise disseminating it as required by the commissioner. Such report card shall include measures of the academic performances of the school district, on a school by school basis, and measures of the fiscal performance of the district, as prescribed by the commissioner. Pursuant to regulations of the commissioner the report card shall also compare these measures to statewide averages for all public schools, and statewide averages for public schools of comparable wealth and need, developed by the commissioner. Such report card shall include, at a minimum, any information on the school district regarding pupil performance and expenditure per pupil required to be included in the annual report by the regents to the governor and the legislature pursuant to section two hundred fifteen-a of this chapter; and any other information required by the commissioner. School districts (i) identified as having fifteen percent or more of their students in special education, or (ii) which have fifty percent or more of their students with disabilities in special education programs or services sixty percent or more of the school day in a general education building, or (iii) which have eight percent or more of their students with disabilities in special education programs in public or private separate educational settings shall indicate on their school district report card their respective percentages as defined in this paragraph and paragraphs (i) and (ii) of this subdivision as compared to the statewide average. 24.[fn*] In every city school district in a city having a population of less than one million inhabitants, each year, the board of education shall prepare a school district report card, pursuant to regulations of the commissioner, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required by law, making it available for distribution at the annual meeting, and otherwise disseminating it as required by the commissioner. Such report card shall include measures of the academic performances of the school district, on a school by school basis, and measures of the fiscal performance of the district, as prescribed by the commissioner. Pursuant to regulations of the commissioner the report card shall also compare these measures to statewide averages for all public schools, and statewide averages for public schools of comparable wealth and need, developed by the commissioner. Such report card shall include, at a minimum, any information on the school district regarding pupil performance and expenditure per pupil required to be included in the annual report by the regents to the governor and the legislature pursuant to section two hundred fifteen-a of this chapter; and any other information required by the commissioner. School districts (i) identified as having fifteen percent or more of their students in special education, or (ii) which have fifty percent or more of their students with disabilities in special education programs or services sixty percent or more of the school day in a general education building, or (iii) which have eight percent or more of their students with disabilities in special education programs in public or private separate educational settings shall indicate on their school district report card their respective percentages as defined in this paragraph and paragraphs (i) and (ii) of this subdivision as compared to the statewide average. 25.[fn*] a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. b. Upon the recommendation of the superintendent, the board may conditionally appoint a prospective employee. A request for conditional clearance shall be forwarded to the commissioner along with the prospective employee's fingerprints, as required by paragraph a of this subdivision. Such appointment shall not commence until notification by the commissioner that the prospective employee has been conditionally cleared for employment and shall terminate forty-five days after such notification of conditional clearance or when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, whichever occurs earlier, and may not be extended or renewed unless the commissioner issues a new conditional clearance after finding that there was good cause for failing to obtain clearance within such period, provided that if clearance is granted, the appointment shall continue and the conditional status shall be removed. Prior to commencement of such conditional appointment, the prospective employer shall obtain a signed statement for conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction outside the state. c. Upon the recommendation of the superintendent, the board may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such appointment is made, the process for conditional appointment pursuant to paragraph b of this subdivision must also be initiated. Emergency conditional appointment may commence prior to notification from the commissioner on conditional clearance but shall terminate twenty business days from the date such appointment commences or when the prospective employer is notified by the commissioner regarding conditional clearance, whichever occurs earlier, provided that if conditional clearance is granted, the appointment shall continue as a conditional appointment. Prior to the commencement of such appointment, the prospective employer must obtain a signed statement for emergency conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction. An unforeseen emergency vacancy shall be defined as: (i) a vacancy that occurred less than ten business days before the start of any school session, including summer school, or during any school session, including summer school, without sufficient notice to allow for clearance or conditional clearance; (ii) when no other qualified person is available to fill the vacancy temporarily; and (iii) when emergency conditional appointment is necessary to maintain services which the district is legally required to provide or services necessary to protect the health, education or safety of students or staff. The provisions of subparagraph (i) of this paragraph shall not apply if the board finds that the district has been unable to fill the vacancy despite good faith efforts to fill such vacancy in a manner which would have allowed sufficient time for clearance or conditional clearance. d. Shall develop a policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment. 25.[fn*] Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. 26.[fn*] Shall, upon commencement and termination of employment of an employee by the city school district, provide the commissioner with the name of and position held by such employee. 26.[fn*] Shall, except in the city school district of the city of New York, upon commencement and termination of employment of an employee by the city school district, provide the commissioner with the name of and position held by such employee. 27. Where the district has provided transportation to students enrolled in such district to a school sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the district, unless the parent or legal guardian of a student participating in such event has provided the school district with written notice, consistent with district policy, authorizing an alternative form of return transportation for such student or unless intervening circumstances make such transportation impractical. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the district impractical, a representative of the school district shall remain with the student until such student's parent or legal guardian has been (a) contacted and informed of the intervening circumstances which make such transportation impractical and (b) such student had been delivered to his or her parent or legal guardian.

2590-h Educ. Powers and duties of chancellor. The office of chancellor of the city district is hereby continued. Such chancellor shall serve at the pleasure of and be employed by the mayor of the city of New York by contract . The length of such contract shall not exceed by more than two years the term of office of the mayor authorizing such contract. The chancellor shall receive a salary to be fixed by the mayor within the budgetary allocation therefore. He or she shall exercise all his or her powers and duties in a manner not inconsistent with the city-wide educational policies of the city board. The chancellor shall have the following powers and duties as the superintendent of schools and chief executive officer for the city district, which the chancellor shall exercise to promote an equal educational opportunity for all students in the schools of the city district, promote fiscal and educational equity, increase student achievement and school performance and encourage local school-based innovation, including the power and duty to:[fn*] The office of chancellor of the city district is hereby continued. It shall be filled by a person employed by the city board by contract for a term not to exceed by more than one year the term of office of the city board authorizing such contract, subject to removal for cause. The chancellor shall receive a salary to be fixed by the city board within the budgetary allocation therefore. He or she shall exercise all his or her powers and duties in a manner not inconsistent with the policies of the city board. The chancellor shall have the following powers and duties as the superintendent of schools and chief executive officer for the city district, which the chancellor shall exercise to promote an equal educational opportunity for all students in the schools of the city district, promote fiscal and educational equity, increase student achievement and school performance and encourage local school-based innovation, including the power and duty to:[fn*] (a)[fn*] academic and vocational senior high schools until such time as the same may be transferred to the jurisdiction of appropriate community district education councils pursuant to this article; (a)[fn*] academic and vocational senior high schools until such time as the same may be transferred to the jurisdiction of appropriate community boards pursuant to this article; (b) all specialized senior high schools. The special high schools shall include the present schools known as: The Bronx High School of Science, Stuyvesant High School, Brooklyn Technical High School, Fiorello H. LaGuardia High School of Music and the Arts in the borough of Manhattan, and such further schools which the city board may designate from time to time. The special schools shall be permitted to maintain a discovery program in accordance with the law in effect on the date preceding the effective date of this section; admissions to the special schools shall be conducted in accordance with the law in effect on the date preceding the effective date of this section; (c) all special education programs and services conducted pursuant to this chapter; (d) subject to the provisions of section twenty-five hundred ninety-I of this article, devolving powers to the schools, city-wide programs for city-wide services to a substantial number of persons from more than one community district, including transportation; food services; payroll and personnel functions, including pension and retirement services; and enforcement of laws and regulations promoting equal opportunity in employment, access to public accommodations and facilities, equal opportunity in education, and preventing and addressing unlawful discrimination; provided, however, that a community district may also operate within its district programs which provide similar services otherwise authorized by this article. 2.[fn*] Establish, control and operate new schools or programs of the types specified in subdivision one of this section, or to discontinue any such schools and programs as he or she may determine; provided, however, that the chancellor shall consult with the affected community district education council before: (a) substantially expanding or reducing such an existing school or program within a community district; (b) initially utilizing a community district school or facility for such a school or program; (c) instituting any new program within a community district. 2.[fn*] Establish, control and operate new schools or programs of the types specified in subdivision one of this section, or to discontinue any such schools and programs as he or she may determine; provided, however, that he shall consult with the affected community board before: (a) substantially expanding or reducing such an existing school or program within a community district; (b) initially utilizing a community district school or facility for such a school or program; (c) instituting any new program within a community district. 2-a.[fn*] (a) Notwithstanding any other provision to the contrary, prepare an educational impact statement regarding any proposed school closing or significant change in school utilization, including the phase-out, grade reconfiguration, re-sitting, or co-location of schools, for any public school located within the city district. (b) Such educational impact statement shall include the following information regarding the proposed school closing or significant change in school utilization: (i) the current and projected pupil enrollment of the affected school, the prospective need for such school building, the ramifications of such school closing or significant change in school utilization upon the community, initial costs and savings resulting from such school closing or significant change in school utilization, the potential disposability of any closed school; (ii) the impacts of the proposed school closing or significant change in school utilization to any affected students; (iii) an outline of any proposed or potential use of the school building for other educational programs or administrative services; (iv) the effect of such school closing or significant change in school utilization on personnel needs, the costs of instruction, administration, transportation, and other support services; (v) the type, age, and physical condition of such school building, maintenance, and energy costs, recent or planned improvements to such school building, and such building's special features; (vi) the ability of other schools in the affected community district to accommodate pupils following the school closure or significant change in school utilization; and (vii) information regarding such school's academic performance including whether such school has been identified as a school under registration review or has been identified as a school requiring academic progress, a school in need of improvement, or a school in corrective action or restructuring status. (c) Such educational impact statement shall be made publicly available, including via the city board's official internet website, and a copy shall also be filed with the city board, the impacted community council, community boards, community superintendent, and school based management team at least six months in advance of the first day of school in the succeeding school year. (d) No sooner than thirty days, but no later than forty-five days following the filing of the educational impact statement, the chancellor or deputy chancellor, or in the case of a proposed significant change in school utilization the chancellor or his or her designee, shall hold a joint public hearing with the impacted community council and school based management team, at the school that is subject to the proposed school closing or significant change in school utilization, and shall allow all interested parties an opportunity to present comments or concerns regarding the proposed school closing or significant change in school utilization. The chancellor shall ensure that notice of such hearing is widely and conspicuously posted in such a manner to maximize the number of affected individuals that receive notice, including providing notice to affected parents and students, and shall also notify members of the community boards and the elected state and local officials who represent the affected community district. (d-1) So long as the revised proposal does not impact any school other than a school that was identified in the initial educational impact statement, the chancellor, after receiving public input, may substantially revise the proposed school closing or significant change in school utilization provided that the chancellor shall prepare a revised educational impact statement, in the form prescribed in paragraph (b) of this subdivision, and publish and file such educational impact statement in the same manner as prescribed in paragraph (c) of this subdivision. No sooner than fifteen days following the filing of such revised educational impact statement, the chancellor or deputy chancellor, or in the case of a significant change in school utilization the chancellor or his or her designee, shall hold a joint public hearing with the impacted community council and school based management team, at the school that is subject to the proposed school closing or significant change in school utilization and shall allow all interested parties an opportunity to present comments and concerns regarding such proposal. The chancellor shall ensure that notice of such hearing is widely and conspicuously posted in such a manner to maximize the number of affected individuals that receive notice, including providing notice to affected parents and students, and shall also notify members of the community boards and the elected state and local officials who represent the affected community district. (e) Except as otherwise provided in paragraph (f) of this subdivision, all proposed school closings or significant changes in school utilization shall be approved by the city board pursuant to section twenty-five hundred ninety-g of this article and shall not take effect until all the provisions of this subdivision have been satisfied and the school year in which such city board approval was granted, has ended. (f) In the event that the chancellor determines that a school closing or significant change in school utilization is immediately necessary for the preservation of student health, safety or general welfare, the chancellor may temporarily close a public school or adopt a significant change in the school's utilization on an emergency basis. Such emergency school closing or significant change in school utilization shall only remain in effect for six months, during such time the chancellor shall comply with the requirements of this subdivision in order for such school closure or significant change in school utilization to extend beyond the six month period. 3. Subject to the approval of the city board, develop a plan to provide for the establishment of comprehensive high schools within the city district so that every community district shall have available to its graduates further education and a comprehensive high school. Such plan may provide for the conversion of academic and vocational high schools and may be amended or modified from time to time. 4. Appoint teacher-aides for the schools and programs under his or her jurisdiction within the budgetary allocation therefore. 5. Retain jurisdiction over all employees who are required in connection with the performance of duties with respect to the design, construction, operation and maintenance of all school buildings in the city school district. Such employees shall have all rights accorded them under the provisions of the civil service law, including manner of appointment, classification, promotion, transfer and removal including an opportunity to be heard provided, however, that each custodian shall be responsible for the performance of his duties to the principal of the school who shall be responsible to the district superintendent. 6. Employ or retain counsel subject to the powers and duties of the corporation counsel of the city of New York to be his or her attorney and counsel pursuant to subdivision a of section three hundred ninety-four of the New York city charter; provided, however, that in actions or proceedings between the city board or the chancellor and one or more community boards, the city board or the chancellor shall be represented by the corporation counsel of the city of New York. 7. To continue existing voluntary programs or to establish new programs under which students may choose to attend a public school in another community district. 8. Promulgate minimum clear educational standards, curriculum requirements and frameworks, and mandatory educational objectives applicable to all schools and programs throughout the city district, and examine and evaluate periodically all such schools and programs with respect to (i) compliance with such educational standards and other requirements, And (ii) the educational effectiveness of such schools and programs, in a manner not inconsistent with the policies of the city board. 9.[fn*] Furnish community district education councils and the city board periodically with the results of such examinations and evaluations and to make the same public. 9.[fn*] Furnish community boards and the city board periodically with the results of such examinations and evaluations and to make the same public. 10. Require each community superintendent to make an annual report covering all matters relating to schools under the district's jurisdiction including, but not limited to, the evaluation of the educational effectiveness of such schools and programs connected therewith. 11.[fn*] Require such community district education council or superintendent to make such number of periodic reports as may be necessary to accomplish the purposes of this chapter. 11.[fn*] Require such community board or superintendent to make such number of periodic reports as may be necessary to accomplish the purposes of this chapter. 12. None. 13.[fn*] Perform the following functions throughout the city district; provided, however, that the chancellor and any community district education council may agree that any such function may be appropriately performed by the community district education council with respect to the schools and programs under its jurisdiction: (a) Technical assistance to community districts and schools; (b) Such warehouse space on a regional basis as he or she determines to be necessary or appropriate after consultation with the community superintendents; (c) Purchasing services on a city-wide, regional or community district basis subject to subdivision thirty-six of this section; (d) Reinforce and foster connections to institutions of higher education to promote student achievement. 13.[fn*] Perform the following functions throughout the city district; provided, however, that the chancellor and any community board may agree that any such function may be appropriately performed by the community board with respect to the schools and programs under its jurisdiction: (a) Technical assistance to community districts and schools; (b) Such warehouse space on a regional basis as he or she determines to be necessary or appropriate after consultation with the community superintendents; (c) Purchasing services on a city-wide, regional or community district basis subject to subdivision thirty-six of this section; (d) Reinforce and foster connections to institutions of higher education to promote student achievement. 14. Develop and furnish pre-service and in-service training programs for principals and other employees throughout the city district. In addition, the chancellor shall prepare and annually update a training plan for participating parents, and school personnel, which shall include, at minimum, such training as may be required for exercise of their responsibilities, full participation and compliance with the provisions of this section. The chancellor shall, in addition, within amounts appropriated, allocate sufficient funds directly and to the superintendents for teacher and principal training to meet identified needs for school improvement. 15.[fn*] Promote the involvement and appropriate input of all members of the school community pursuant to the provisions of this article, including parents, teachers, and other school personnel, including: a) establishing a parents' association or a parent-teachers' association in each public school under the chancellor's jurisdiction; and ensuring that the districts and charter schools located within the city district do the same; the chancellor shall ensure that meetings of such parents' associations or parent-teachers' associations shall comply with section four hundred fourteen of this chapter; (b) pursuant to a plan prepared in consultation with associations of parents, and representatives of teachers, supervisors, paraprofessionals and other school personnel within the city district, and promulgated no later than January thirty-first, nineteen hundred ninety-eight, (i) taking all necessary steps to ensure that no later than October first, nineteen hundred ninety-nine, the city district and the community districts are in full compliance, and remain in compliance thereafter, with state and federal law and regulations concerning school-based management and shared decision-making, including section 100.11 of the commissioner's regulations, in a manner which balances participation by parents with participation by school personnel in advising in the decisions devolved to schools pursuant to sections twenty-five hundred ninety-i and twenty-five hundred ninety-r of this article, and (ii) pursuant to such plan providing for appropriate training to any parent and school personnel who participate in the school based management and shared decision-making process; (b-1) school based management teams developed pursuant to paragraph (b) of this subdivision shall possess the following powers and duties: (i) develop an annual school comprehensive educational plan and consult on the school-based budget pursuant to section twenty-five hundred ninety-r of this article. Such school comprehensive educational plan shall be developed concurrently with the development of the school-based budget so that it may inform the decision-making process and result in the alignment of the comprehensive educational plan and the school-based budget for the ensuing school year. Such plan shall be submitted to the community superintendent along with the principal's written justification demonstrating that the school-based budget proposal is aligned with the school's comprehensive educational plan and the school based management team's response to such justification pursuant to paragraph (h) of subdivision one of section twenty-five hundred ninety-f of this article. In the case of specialized, academic, vocational, and other high schools that are not under the jurisdiction of a community superintendent, such plan shall be submitted to the chancellor pursuant to subdivision e of section twenty-five hundred ninety-r of this article. The chancellor shall ensure that the comprehensive educational plan of every school within the city district is easily accessible and be made available for public inspection including via the city board's official internet website; (ii) hold at least one meeting per month during the school year. Each monthly meeting shall be held at a time that is convenient for the parent representatives; (iii) provide notice of monthly meetings that is consistent with the open meetings law; (iv) have parent members of such teams make recommendations, consistent with the chancellor's regulations, on the selection of the school principal and have all members be consulted prior to the appointment of any principal candidate to its school; (v) undergo initial and ongoing training that will allow its members to carry out their duties effectively; (vi) dispute any decision made by the principal to the community superintendent pursuant to section twenty-five hundred ninety-f of this article where members of the school based management team, other than the principal, reach a consensus that the decision is inconsistent with the goals and policies set forth in the school's existing comprehensive educational plan; and (vii) provide to the community superintendent an annual assessment of the school principal's record of developing an effective shared decision-making relationship with school based management team members; and (c) developing, in consultation with associations of parents in the city district, and implementing no later than October first, nineteen hundred ninety-eight, a parental bill of rights which provides for, at minimum: (i) reasonable access by parents, persons in parental relation and guardians to schools, classrooms, and academic and attendance records of their own children, consistent with federal and state laws, provided that such access does not disrupt or interfere with the regular school process; (ii) the rights of parents, persons in parental relation and guardians to take legal action and appeal the decisions of the school administration, as authorized by law; (iii) the right of parents, persons in parental relation and guardians to have information on their own child's educational materials; (iv) access to and information about all public meetings, hearings of the chancellor, the city board, the community superintendents, the community district education councils, and the schools; and (v) access to information regarding programs that allow students to apply for admission where appropriate to schools outside a student's own attendance zone. 15.[fn*] Promote the involvement and appropriate input of all members of the school community pursuant to the provisions of this article, including parents, teachers, and other school personnel, including: (a) establishing a parents' association or a parent-teachers' association in each school under the chancellor's jurisdiction; and ensuring that the districts do the same; (b) pursuant to a plan prepared in consultation with associations of parents, and representatives of teachers, supervisors, paraprofessionals and other school personnel within the city district, and promulgated no later than January thirty-first, nineteen hundred ninety-eight, (i) taking all necessary steps to ensure that no later than October first, nineteen hundred ninety-nine, the city district and the community districts are in full compliance, and remain in compliance thereafter, with state and federal law and regulations concerning school-based management and shared decision-making, including section 100.11 of the commissioner's regulations, in a manner which balances participation by parents with participation by school personnel in advising in the decisions devolved to schools pursuant to sections twenty five hundred ninety-i and twenty-five hundred ninety-r of this article, and (ii) pursuant to such plan providing for appropriate training to any parent and school personnel who participate in the school-based management and shared decision-making process; and (c) developing, in consultation with associations of parents in the city district, and implementing no later than October first, nineteen hundred ninety-eight, a parental bill of rights which provides for, at minimum: (i) reasonable access by parents, persons in parental relation and guardians to schools, classrooms, and academic and attendance records of their own children, consistent with federal and state laws, provided that such access does not disrupt or interfere with the regular school process; (ii) the rights of parents, persons in parental relation and guardians to take legal action and appeal the decisions of the school administration, as authorized by law; (iii) the right of parents, persons in parental relation and guardians to have information on their own child's educational materials; (iv) access to and information about all public meetings, hearings of the chancellor, the city board, the community superintendents, the community boards, and the schools; and (v) access to information regarding programs that allow students to apply for admission where appropriate to schools outside a student's own attendance zone. 16.[fn*] Promulgate such rules and regulations as he or she may determine to be necessary or convenient to accomplish the purposes of this act, not inconsistent with the provisions of this article and the city-wide educational policies of the city board. 16.[fn*] Promulgate such rules and regulations as he or she may determine to be necessary or convenient to accomplish the purposes of this act, not inconsistent with the provisions of this article and the policies of the city board. 16-a.[fn*] Create standards, policies, and objectives and promulgate regulations directly related to maintaining the internal fiscal integrity of administrative operations by the chancellor, the community districts, and the schools. 17.[fn*] Possess those powers and duties described in section twenty-five hundred fifty-four of this title, the exercise of which shall be in a manner not inconsistent with the provisions of this article and the city-wide educational policies of the city board. 17.[fn*] Possess those powers and duties described in section twenty-five hundred fifty-four of this chapter, the exercise of which shall be in a manner not inconsistent with the provisions of this article and the policies of the city board. 18.[fn*] Possess those powers and duties contained in section nine hundred twelve of this chapter and those provisions of article fifteen of this chapter which relate to non-public schools, those powers and duties contained in section five hundred twenty-two of the New York city charter, and those powers and duties contained in article seventy-three of this chapter, the exercise of which shall be in a manner not inconsistent with the provisions of this article and the city-wide educational policies of the city board. 18.[fn*] Possess those powers and duties contained in section nine hundred twelve of this chapter and those provisions of article fifteen thereof which relate to non-public schools, those powers and duties contained in section five hundred twenty-two of the New York city charter and those powers and duties contained in article seventy-three of this chapter, the exercise of which shall be in a manner not inconsistent with the provisions of this article and the policies of the city board. 19. Delegate any of his or her powers and duties to such subordinate officers or employees as he or she deems appropriate and to modify or rescind any power and duty so delegated. 20. Ensure compliance with qualifications established for all personnel employed in the city district, including the taking of fingerprints as a prerequisite for licensure and/or employment of such personnel. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. Furthermore, the division of criminal justice services is authorized to submit the fingerprints to the federal bureau of investigation for a national criminal history record check. 21. Perform the functions of the bureau of audit throughout the city district, including ensuring compliance with subdivisions thirty-six and thirty-seven of this section. 22. Establish uniform procedures for record keeping, accounting and reporting throughout the city district, including pupil record keeping, accounting and reporting. 23. Develop an educational facilities master plan, and revisions thereto, as defined in section twenty-five hundred ninety-o of this article. 24. Develop and implement a five-year educational facilities capital plan, and amendments thereto, as defined in section twenty-five hundred ninety-p of this article. The chancellor shall also appoint a person, who reports directly to the chancellor or his or her designee, to assist in the development and implementation of such plan and amendments thereto and to oversee the school buildings program. 25. On the chancellor's own initiative, or at the request of a community superintendent, transfer a principal employed by a community school district pursuant to an agreement with the employee organization representing such principals. The chancellor shall establish a procedure for consulting with affected parents to explain any such transfer. Consistent with section twenty-five hundred ninety-i of this article, including without limitation subdivision three thereof, and subdivision one thereof with respect to the rights and obligations of a school to which a principal is transferred, in addition to any other law providing for the transfer of principals, the chancellor also may cause the transfer or removal of principals for persistent educational failure, conflicts of interest, and ethics violations, and may require principals to participate in training and other remedial programs to address identified factors affecting student achievement and school performance. 26. Establish educational and experience qualifications and requirements for all custodial positions including, but not limited to, custodians and custodial engineers and develop standards for evaluating the performance of all such individuals, subject to approval of the city board. Such performance standards shall include, but not be limited to: the cleanliness of facilities; adequacy and timeliness of minor repairs; maintenance of good working order of facilities and grounds; general facilities improvement; and emergency services. The chancellor shall promulgate regulations setting forth the respective responsibilities of the district plant manager, which shall include regular consultation and ongoing reports to the community superintendent, and the principal of each school for evaluating the performance of the custodial employees assigned to his or her school, in accordance with such performance standards, and such performance evaluations shall be given dominant weight in any decision for the purposes of: advancement; continued employment; building transfers; and other performance incentives. The responsibility of the principal of each school in the evaluation of custodial employees may be a matter for collective bargaining with collective bargaining representatives for principals. 27.[fn*] Promulgate regulations, in conjunction with each community superintendent, establishing a plan for providing access to school facilities in each community school district, when not in use for school purposes, in accordance with the provisions of section four hundred fourteen of this chapter. Such plan shall set forth a reasonable system of fees not to exceed the actual costs and specify that no part of any fee shall directly or indirectly benefit or be deposited into an account which inures to the benefit of the custodians or custodial engineers. Develop, in conjunction with each community superintendent, a plan for providing access to school facilities in each community school district, when not in use for school purposes, in accordance with the provisions of section four hundred fourteen of this chapter. Such plan shall set forth a reasonable system of fees not to exceed the actual costs and specify that no part of any fee shall directly or indirectly benefit or be deposited into an account which inures to the benefit of the custodians or custodial engineers. 28. Establish, subject to the approval of the city board, a publicly inclusive process for the recruitment, screening and selection of district superintendent candidates. 29. Promulgate regulations, subject to the approval of the city board, establishing educational, managerial, and administrative qualifications, performance record criteria, and performance standards for the positions of superintendent and principal. 30. Select and appoint a community superintendent, in compliance with the qualifications required by subdivision twenty-nine of this section and subject to the provisions of subdivision two of section twenty-five hundred ninety-j of this article, and in consultation with the corresponding community district education council, at a salary to be fixed within the budgetary allocation therefore. Select a community superintendent from candidates recommended by community boards, based upon compliance with the procedures for selection required by subdivision twenty-eight of this section, the qualifications required by subdivision twenty-nine of this section, and consistent with a model contract developed by the chancellor. 30-a. Remove a community superintendent who fails to comply with the provisions of subdivision two of section twenty-five hundred ninety-f of this article. 31. Intervene in any district or school which is persistently failing to achieve educational results and standards approved by the city board or established by the state board of regents, or has failed to improve its educational results and student achievement in accordance with such standards or state or city board requirements, or in any school or district in which there exists, in the chancellor's judgment, a state of uncontrolled or unaddressed violence. The chancellor may, in addition to exercising any other powers authorized by this article, require such school principal, or district as the case may be, to prepare a corrective action plan, with a timetable for implementation of steps acceptable to the chancellor to reach improvement goals consistent with city board standards and educational results. The chancellor may require the school or district to alter or improve the corrective action plan, or may directly modify the plan. The chancellor shall monitor implementation of the plan, and, if the school or district fails to implement it, may supersede any inconsistent decision of the school principal, community district education council or community superintendent; assume joint or direct control of the operation of the school or district to implement the corrective action plan; or take any other action authorized by this article. Any action of the chancellor to supercede an inconsistent decision of the school principal, community district education council or community superintendent, or to assume joint or direct control of the operation of the school or district pursuant to this subdivision may be appealed to the city board in accordance with section twenty-five hundred ninety-g of this article. Intervene in any district or school which is persistently failing to achieve educational results and standards approved by the city board or established by the state board of regents, or has failed to improve its educational results and student achievement in accordance with such standards or state or city board requirements, or in any school or district in which there exists, in the chancellor's judgment, a state of uncontrolled or unaddressed violence. The chancellor may, in addition to exercising any other powers authorized by this article, require such school principal, or district as the case may be, to prepare a corrective action plan, with a timetable for implementation of steps acceptable to the chancellor to reach improvement goals consistent with city board standards and educational results. The chancellor may require the school or district to alter or improve the corrective action plan, or may directly modify the plan. The chancellor shall monitor implementation of the plan, and, if the school or district fails to implement it, may supersede any inconsistent decision of the school principal, community board or community superintendent; assume joint or direct control of the operation of the school or district to implement the corrective action plan; or take any other action authorized by this article. Any action of the chancellor to supercede an inconsistent decision of the school principal, community board or community superintendent, or to assume joint or direct control of the operation of the school or district pursuant to this subdivision may be appealed to the city board in accordance with section twenty-five hundred ninety-g of this article. 345, Sec. 15 32. Appoint a deputy, for each borough of the city of New York, responsible for coordinating and periodically meeting and consulting with the borough president, the chancellor and the community superintendents in the borough on borough-specific issues and issues of borough wide significance, including the provision of services in support of schools and community districts such as transportation, purchasing, capital planning, and coordination with municipal services, and chancellor and city board policy with respect to the high schools. 33. Require community school board members to participate in training and retraining in order to promote district and school performance and student achievement, as a continuing condition for membership. 34. None. 35. Take all necessary steps to promote the effectiveness and integrity of school-based budgeting pursuant to section twenty-five hundred ninety-r of this article, including the obligations imposed by subdivision thirty-seven of this section. 36.[fn*] Develop a procurement policy for the city school district of the city of New York and the community districts and public schools therein to ensure the wise and prudent use of public money in the best interest of the taxpayers of the state; guard against favoritism, improvidence, extravagance, fraud, and corruption; and ensure that contracts are awarded consistent with law and on the basis of best value, including, but not limited to, the following criteria: quality, cost and efficiency. (a) Such policy shall specifically include: (i) a competitive sealed bidding process for the awarding of contracts in which sealed bids are publicly solicited and opened and that a contract is awarded to the lowest responsive, responsible bidder; (ii) processes for awarding contracts using alternatives to competitive sealed bidding where competitive sealed bidding is not practicable or not advantageous, in which case the most competitive alternative method of procurement, which is appropriate under the circumstances, shall be used consistent with the requirements of subparagraph (vii) of this paragraph; (iii) measures to enhance the ability of minority and women owned business enterprises to compete for contracts and to ensure their meaningful participation in the procurement process; (iv) the manner for administering contracts and overseeing the performance of contracts and contractors; (v) standards and procedures to be used in determining whether bidders are responsible; (vi) circumstances under which procurement may be used for the provision of technical, consultant or personal services; (vii) requiring written justification for the basis, including the efficiency, benefit, and necessity, for awarding a contract using procurement methods other than competitive sealed bidding including competitive sealed proposals and sole source contracts, and for awarding technical, consultant, or personal services contracts, franchises, revocable consents, or concessions. Such written justification shall be filed with the comptroller of the city of New York along with the corresponding contract, franchise, revocable consent, or concession; (viii) maintaining a file for every contract franchise, revocable consent, and concession containing information pertaining to the solicitation, award and management of every such contract or agreement. Such file shall contain copies of each determination, writing or filing required by this subdivision and shall be open to public inspection with adequate protection for information which is confidential; (ix) a process for the filing of all contracts, franchises, revocable consents, and concessions with the comptroller of the city of New York; (x) a process for emergency procurement in the case of an unforeseen danger to life, safety, property or a necessary service provided that such procurement shall be made with such competition as is practicable under the circumstances and that a written determination of the basis for the emergency procurement shall be required and filed with the comptroller of the city of New York when such emergency contract is filed with such comptroller; and (xi) procedures for the fair and equitable resolution of contract disputes. (b) Consistent with the provisions of paragraph (a) of this subdivision such policy shall also include: (i) standards for quality, function, and utility of all material goods, supplies, and services purchased by the chancellor, superintendents, or schools; (ii) regulations which enable superintendents and schools to purchase material goods, supplies, and services directly from vendors or suppliers when such products are available at prices or other terms more economically beneficial for the purposes of the acquiring superintendent or school; and (iii) regulations shall include repair services and building supplies, as defined in such regulations, for expenditures from each district's minor repair and purchasing funds pursuant to section twenty-five hundred ninety-r of this article. (c) The chancellor shall be responsible for certifying that the procedural requisites pursuant to this subdivision and section twenty-five hundred ninety-g of this article have been met, prior to the filing any contract awarded by a procurement method other than competitive sealed bidding, or prior to filing any technical, consultant, or personal services contract, franchise, revocable consent, or concession with the comptroller of the city of New York. The corporation counsel for the city of New York shall certify prior to the filing of such contract or agreement with the comptroller of the city of New York, that the city district has legal authority to award each such contract or agreement. (d) (i) No contract, franchise, revocable consent or concession shall be implemented un til a copy has been filed with the comptroller of the city of New York and either such comptroller has registered it or thirty days have elapsed from the date of filing, whichever is sooner, unless an objection has been filed pursuant to subparagraph (iii) of this paragraph, or the comptroller of the city of New York has grounds for not registering such contract or agreement under subparagraph (ii) of this paragraph. (ii) Subject to the provisions of subparagraph (iii) of this paragraph, the comptroller of the city of New York shall register such contract or agreement within thirty days unless such comptroller has information indicating that: (1) there remains no unexpended and unapplied balance of the appropriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract or agreement; (2) a certification required pursuant to this paragraph has not been made; or (3) the proposed vendor has been debarred by the city of New York. (iii) The comptroller of the city of New York may, within thirty days of the date of filing of the contract, franchise, revocable consent or concession with his or her office, object in writing to the registration of such contract or agreement, if in such comptroller's judgment there is sufficient reason to believe that there is possible corruption in the letting of such contract or agreement or that the proposed contractor is involved in corrupt activity. Such objection shall be delivered within such thirty day period to the mayor of the city of New York setting forth in detail the grounds for the New York city comptroller's determination. The mayor of the city of New York may require registration of the contract or agreement despite the New York city comptroller's objections if the mayor of the city of New York has responded to such comptroller's objections in writing, indicating: (1) the corrective actions if any, that have been taken or will be taken in response to such comptroller's objections, or (2) the reasons why the mayor of the city of New York disagrees with such comptroller's objections. Such response by the mayor of the city of New York shall not serve as the basis for further objection by the New York city comptroller, and such comptroller shall register the contract, franchise, revocable consent or concession within ten days of receipt of the mayor of the city of New York's response. (e) The requirements of paragraphs (c) and (d) of this subdivision shall not apply to an emergency contract awarded pursuant to subparagraph (x) of paragraph (a) of this subdivision, provided that the chancellor shall comply with the requirements of paragraphs (c) and (d) of this subdivision as soon as practicable. 36.[fn*] Develop in consultation with the city board, a procurement policy for the city school district of the city of New York, and the districts and public schools therein. Such policy shall ensure the wise and prudent use of public money in the best interest of the taxpayers of the state; guard against favoritism, improvidence, extravagance, fraud and corruption; and ensure that contracts are awarded consistent with law and on the basis of best value, including, but not limited to, the following criteria: quality, cost and efficiency. Such policy shall also include: (a) standards for quality, function and utility of all material goods, supplies and services purchased by the chancellor, superintendents or schools; (b) regulations for the purchase of material goods, supplies and services by the chancellor, the superintendents and the schools, including clearly articulated procedures which require a clear statement of product specifications, requirements or work to be performed, a documentable process of soliciting bids, proposals or other offers, and a balanced and fair method, established in advance of receipt of offers, for evaluating offers and awarding contracts; (c) regulations which enable superintendents and schools to purchase material goods, supplies and services directly from vendors or suppliers when such products are available at prices or other terms more economically beneficial for the purposes of the acquiring superintendent or school; and (d) regulations shall include repair services and building supplies, as defined in such regulations, for expenditures from each district's minor repair and purchasing funds pursuant to section twenty-five hundred ninety-r of this article. 37.[fn*] Establish guidelines and a system of internal controls, including internal administrative controls and internal accounting controls, with provisions for internal audits, as such terms are defined in section nine hundred fifty of the executive law. Such system shall also include a system of internal control review designed to identify weaknesses and identify actions to rectify them; a clear and concise statement of the generally applicable management policies and standards made available to each officer and employee relevant to fiscal and expenditure control, in addition to education and training efforts to ensure adequate understanding of internal control standards and evaluation techniques; and the designation of an internal control officer for each community district, each of whom shall report to the chancellor and the auditor general, to execute a regular internal audit function, which shall operate in accordance with generally accepted governmental auditing standards. The internal auditors for the community districts shall operate in cooperation with the auditor general, appointed by the chancellor, who shall, in addition to the functions of the internal auditors, monitor and conduct random audits of school districts at least once every two years for fraud, waste, and mismanagement. Notwithstanding any provision of state law or state or city regulation, the internal auditors, and the auditor general, shall be entitled, upon their request, to all and any documents and materials bearing in their judgment on the finances and cost-effectiveness of the schools and the school districts that is in the possession of the community districts, the schools, or any officer thereof. 37.[fn*] Establish, subject to the approval of the city board, guidelines and a system of internal controls, including internal administrative controls and internal accounting controls, with provisions for internal audits, as such terms are defined in section nine hundred fifty of the executive law. Such system shall also include a system of internal control review designed to identify weaknesses and identify actions to rectify them; a clear and concise statement of the generally applicable management policies and standards made available to each officer and employee relevant to fiscal and expenditure control, in addition to education and training efforts to ensure adequate understanding of internal control standards and evaluation techniques; and the designation of an internal control officer for each community district, each of whom shall report to the chancellor and the auditor general, to execute a regular internal audit function which shall operate in accordance with generally accepted governmental auditing standards. The internal auditors for the community districts shall operate in cooperation with the auditor general, appointed by the chancellor subject to the approval of the city board, who shall, in addition to the functions of the internal auditors, monitor and conduct random audits of school districts at least once every two years for fraud, waste and mismanagement. Notwithstanding any provision of state law or state, city or city board regulation, the internal auditors, and the auditor general, shall be entitled, upon their request, to all and any documents and materials bearing in their judgment on the finances and cost-effectiveness of the schools and the school districts that is in the possession of the community districts, the schools, or any officer thereof. 38.[fn*] To exercise all of the duties and responsibilities of the employing board as set forth in section three thousand twenty-a of this chapter with respect to any member of the teaching or supervisory staff of schools under the jurisdiction of the community district education councils. The chancellor shall exercise all such duties and responsibilities for all community districts or may delegate the exercise of all such duties and responsibilities to all of the community superintendents of the city district. 38.[fn*] to exercise all of the duties and responsibilities of the employing board as set forth in section three thousand twenty-a of this chapter with respect to any member of the teaching or supervisory staff of schools under the jurisdiction of the community boards. The chancellor shall exercise all such duties and responsibilities for all community districts or may delegate the exercise of all such duties and responsibilities to all of the community superintendents of the city district. 38-a.[fn*] To exercise all of the duties and responsibilities of the employing board as set forth in section three thousand twenty-a of this chapter with respect to any member of the teaching or supervisory staff of schools which are not covered under subdivision thirty-eight of this section. Provided, however that the city board shall maintain jurisdiction over any consequence resulting from an employee waiver of a hearing, as provided for in paragraph (d) of subdivision two of section three thousand twenty-a of this chapter. 39.[fn*] (a) Prescribe regulations and by-laws requiring members of the city board, the chancellor, and any other officer or employee in schools and programs under the jurisdiction of the city board and the chancellor to make annual written disclosure to the chancellor, of the following information: (i) the employment by the city school board or any community district education council of any person related within the third degree of consanguinity or affinity to the person making disclosure, including the employment of any such person for which a two-thirds vote was required under paragraph (e) of subdivision four of section twenty-five hundred ninety-j of this article, with a notation of the date such vote was taken. (ii) the source of any income, reimbursement, gift, or other form of compensation for services rendered, together with a description of such services. (b) The chancellor shall review, at least once annually, compliance with the requirements of subdivisions five and six of section twenty-five hundred ninety-e of this article and regulations or by-laws prescribed in this subdivision. Any community district education council member, community superintendent, or other officer or employee required to make disclosure, who fails to make such disclosure, shall be notified in writing of his or her failure to do so and given thirty days within which to comply. (d) Willful failure to make full and timely disclosure shall constitute cause for removal from office of any member of the city board or for any other officer or employee disciplinary action and such other penalty as may be provided by law. (e) Disclosures made pursuant to the requirements of this subdivision and any notification of failure to make disclosures shall be made available for public inspection during regular business hours on regular business days. 40.[fn*] (a) Prescribe regulations and by-laws requiring members of the city board, the chancellor, and, for good cause shown, any other officer or employee in schools and programs under the jurisdiction of the city board and the chancellor, to submit to the chancellor, in the discretion of the chancellor, financial reports for themselves and their spouses. (b) The frequency and period of coverage, the designation of persons to submit such reports by name, title, or income level, or by a combination thereof, and the content of such reports, including minimum dollar amounts, shall be determined by the chancellor, and such reports may include but not necessarily be limited to the following: (i) amount and source of income for services rendered, together with a description of such services; (ii) amount and source of gifts, capital gains, reimbursements for expenditures, and honoraria; (iii) investments in securities and real property; (iv) amount of debts and names of creditors; (v) outstanding loans and other forms of indebtedness due to person reporting or spouse, by name and amounts; and (vi) trusts and other fiduciary relationships and their assets in which a beneficial interest is held. (c) Willful failure to file required financial reports shall constitute cause for removal from office of any member of the city board or for any other officer or employee disciplinary action and such other penalty as may be provided by law. 41.[fn*] Appoint and set salaries for staff in non-represented managerial titles. 42.[fn*] (a) To dispose of such personal property used in the schools and other buildings of the city of New York under the charge of the city board as shall no longer be required for use therein. Such disposition shall be made in the name of the city of New York and for such city. (b) The chancellor may sell, at prices as may be agreed upon, such manufactured articles or other products of any school of the district, day and evening, as may not be utilized by the city board, and all moneys realized by the sale thereof shall be paid into the city treasury and shall at once be appropriated by the city to a special fund to be administered by the city board for such purposes as such board, in its discretion, may determine. All other moneys realized by the sale of personal property shall be paid into the city treasury and shall at once be appropriated by the city to the special school fund of the city board for use in the borough in which the property sold was situated. (c) Such method of disposal shall be deemed not to apply to the disposition of school books pursuant to subdivision forty-three of this section. 43.[fn*] To dispose of, to the best advantage of the city of New York, either by sale or on the basis of money allowance for waste paper, all books delivered to the several public schools of such city that have been discarded either by reason of being obsolete, no longer required by the course of study, worn by long usage, or mutilated by accident. If disposal is made by sale, it shall be to the highest bidder, and the money realized shall be paid into the city treasury and shall at once be appropriated by the city to the special school fund of the city board entitled "supplies". If disposal is made on the basis of money allowance for waste paper, it shall be to the highest bidder. Such discarded books may be disposed of without public advertisement or entry into a formal contract. Should the discarded books be in such condition that no sale or exchange can be made, or should there be reason to believe that such discarded books have become infected through disease among the pupils, or should the superintendent of schools certify that such discarded books contain erroneous, inaccurate, obsolete, or antiquated subject matter, illustrations, maps, charts, or other material, the committee on supplies of the board of education, if such books cannot be sold, given away, or otherwise salvaged as waste paper without danger to the public health, may authorize their destruction by fire, in which event the superintendent of school supplies shall obtain and file in his or her office a certificate that such books have been so destroyed, signed by the principal of the school in which the books are located. 44.[fn*] To provide the proper book or books in which he or she shall cause the class teachers under the direction and supervision of the principal to enter the names, ages, and residences of the pupils attending the school, the name of the parent or guardian of each pupil, and the days on which the pupils shall have attended respectively, and the aggregate attendance of each pupil during the year, and also the day upon which the school shall have been visited by the superintendent of schools or by an associate superintendent of schools or by an assistant superintendent, or by members of the city board, or by members of the community district education council, or by any of them, which entry shall be verified by such oath or affirmation of the principal as may be prescribed by the chancellor. Such books shall be preserved as the property of the chancellor and shall at all times be open to inspection by members of the city board, by members of the community councils and by the superintendent of schools, or by any associate superintendent of schools, or by the assistant superintendents. 45.[fn*] Make rules and regulations for the conduct, operation, and maintenance of extra classroom activities and for the safeguarding, accounting, and audit of all moneys received and derived therefrom. In the case of any extra classroom activity as it shall deem proper, and notwithstanding the provisions of section twenty-five hundred thirty of this title, it may direct that the moneys received or derived from the conduct, operation, or maintenance of such an extra classroom activity be deposited with the auditor, who in such event shall be the treasurer of such an extra classroom activity, the moneys of which are required to be so deposited. In the procurement of articles and services for the conduct, operation, and maintenance of a cafeteria or restaurant service, the chancellor shall be subject to applicable provisions of law, except that said chancellor need not have duly advertised for estimates in order to contract for such articles or services in an amount exceeding one thousand dollars. The chancellor shall also have power to assign any officers or employees to perform such duties as he or she may prescribe in connection with an extra classroom activity and to designate such officers and employees when so assigned from whom a bond shall be required for faithful performance of their duties and to fix the sum in which each such bond shall be given. 46.[fn*] To maintain, through such representatives as he or she may designate, an effective visitation and inspection of all schools and classes maintained in institutions controlled by the department of correction of the city of New York. 47.[fn*] To assign, in his or her discretion, one or more employees of the city board to serve as trial examiner with power to conduct investigations and hearings on behalf of the chancellor. Each trial examiner shall report the result of any such investigation or hearing to the chancellor. 48.[fn*] To hold a public meeting in each community district, in conjunction with the community district education council, during a two year period, beginning with the two thousand nine — two thousand ten school year, in order to report on public school finances, student performance, and educational goals and priorities of the city district and to receive and respond to public comments and concerns. The chancellor shall direct the community superintendent to provide public notice of such meeting in order to maximize the participation of parents, students, and all other interested parties. 49.[fn*] To provide information, data, estimates and statistics regarding all matters relating to the city district as requested by the director of the independent budget office of the city of New York or the comptroller of the city of New York, in a timely fashion. 50.[fn*] To issue an annual report on the participation of minority and women owned business enterprises in the city district's procurement process including the number of contracts awarded to minority and women owned business enterprises, the percent of contracts awarded to minority and women owned business enterprises of the total number of all city district contracts, the aggregate value of all contracts awarded to minority and women owned business enterprises, and the percent of the aggregate value of contracts awarded to minority and women owned business enterprises of the total aggregate value of all city district contracts. 51.[fn*] Propose a policy for city board approval that promotes the recruitment and retention of a workforce at the city district, community district, and school level that considers the diversity of the students attending the public schools within the city district. The chancellor shall issue an annual report outlining the initiatives taken to enhance diversity and equity in recruitment and retention and the impacts of such initiatives to the workforce at the city district, community district and school level.

305 Educ. General powers and duties.--The commissioner of education is hereby charged with the following powers and duties: 1. He is the chief executive officer of the state system of education and of the board of regents. He shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board of regents. 2. He shall have general supervision over all schools and institutions which are subject to the provisions of this chapter, or of any statute relating to education, and shall cause the same to be examined and inspected, and shall advise and guide the school officers of all districts and cities of the state in relation to their duties and the general management of the schools under their control. Additionally, he shall cause to be prepared and distributed to school officers of all districts, nonpublic schools and cities of the state timely notice as to alternate sources of funding for specific programs or purposes such as, but not limited to, grants to be awarded on the basis of competitive proposals by state or federal agencies or from an approved private source. Such notice shall include information as to proposal submission deadlines, eligibility standards and other relevant information to assist school officers in making application for such alternate sources of funding. The commissioner shall not be liable for any damages resulting from failure to give notice under this subdivision. 3. He shall have general supervision of industrial schools, trade schools and schools of agriculture, mechanic arts and home making; he shall prescribe regulations governing the licensing of the teachers employed therein; and he is hereby authorized, empowered and directed to provide for the inspection of such schools, to take necessary action to make effectual the provisions therefore, and to advise and assist boards of education in the several cities and school districts in the establishment, organization and management of such schools. 4. He shall also have general supervision over the state teachers colleges and state colleges for teachers which have been, or which may hereafter be, established as required by the provisions of this chapter. 5. He shall be ex officio a trustee of Cornell university. 6. He shall be responsible for the safe keeping and proper use of the department and university seal and of the books, records and other property in charge of the regents, and for the proper administration and discipline of the various officers and divisions of the education department. 7. The commissioner may annul upon cause shown to his or her satisfaction any certificate of qualification granted to a teacher by any authority whatever or declare any diploma issued by a state teachers college and state colleges for teachers ineffective and null as a qualification to teach a public school within this state, and the commissioner may reconsider and reverse his or her action in any such matter. In a proceeding brought pursuant to this subdivision on charges against a certified teacher, the commissioner shall also be authorized to impose as a penalty: a. suspension of a teaching certificate or license: (1) wholly for a fixed period of time; or (2) partially, until the teacher successfully completes a course of retraining in the area to which the suspension applies; or (3) wholly, until the teacher successfully completes a course of therapy or treatment; b. limitation of the scope of a teaching certificate through revocation of an extension to teach additional subjects or grades; c. a fine not to exceed five thousand dollars; or d. a requirement that the teacher pursue a course of continuing education or training. The attorney general shall, at the request of the commissioner or the director of the division of the budget, bring an action in the name of the people of the state of New York to enforce and collect any fine imposed pursuant to this subdivision. In any such action, the findings and determination of the hearing officer or hearing panel or of the commissioner shall be admissible evidence and shall be conclusive proof of the violation and the penalty assessed. For purposes of this subdivision, the term "teacher" shall mean any professional educator holding a teaching certificate or license, including but not limited to a classroom teacher, teaching assistant, pupil personnel services professional, school administrator or supervisor or superintendent of schools. 7-a. a. In addition to the authority to revoke and annul a certificate of qualification of a teacher in a proceeding brought pursuant to subdivision seven of this section, the commissioner shall be authorized, and it shall be his or her duty, to revoke and annul in accordance with this subdivision the teaching certificate of a teacher convicted of a sex offense for which registration as a sex offender is required pursuant to article six-C of the correction law. b. As used in this subdivision, the following terms shall have the following meanings: (1) "conviction" means any conviction whether by plea of guilty or nolo contendere or from a verdict after trial or otherwise; (2) "sex offense" means an offense set forth in subdivision two or three of section one hundred sixty-eight-a of the correction law, including an offense committed in any jurisdiction for which the offender is required to register as a sex offender in New York; (3) "teacher" means any professional educator holding a teaching certificate as defined in subparagraph four of this paragraph, including but not limited to a classroom teacher, teaching assistant, pupil personnel services professional, school administrator or supervisor or superintendent of schools; and (4) "teaching certificate" means the certificate or license or other certificate of qualification granted to a teacher by any authority whatsoever. c. Upon receipt of a certified copy of a criminal history record showing that a teacher has been convicted of a sex offense or sex offenses or upon receipt of notice of such a conviction as provided in paragraph d of this subdivision, the commissioner shall automatically revoke and annul the teaching certificate of such teacher without the right to a hearing. The commissioner shall mail notice of the revocation and annulment pursuant to this subdivision by certified mail, return receipt requested, and by first-class mail directed to the teacher at such teacher's last known address and, if different, the last address filed by the certificate holder with the commissioner and to the teacher's counsel of record in the criminal proceeding as reported in the notice pursuant to paragraph d of this subdivision. Such notice shall inform the teacher that his or her certificate has been revoked and annulled, identify the sex offense or sex offenses of which the teacher has been convicted and shall set forth the procedure to follow if the teacher denies he or she is the person who has been so convicted. If such teacher notifies the commissioner in writing within twenty-five days after the date of receipt of the notice that he or she is not the same person as the convicted offender identified in the criminal record or identified pursuant to paragraph d of this subdivision, provides proof to reasonably support such claim and the commissioner is satisfied the proof establishes such claim, the commissioner shall, within five business days of the receipt of such proof, restore such teacher's teaching certificate retroactive to the date of revocation and annulment. d. Upon conviction of a teacher of a sex offense defined in this subdivision, the district attorney or other prosecuting authority who obtained such conviction shall provide notice of such conviction to the commissioner identifying the sex offense or sex offenses of which the teacher has been convicted, the name and address of such offender and other identifying information prescribed by the commissioner, including the offender's date of birth and social security number, to the extent consistent with federal and state laws governing personal privacy and confidentiality of information. Such notice shall also include the name and business address of the offender's counsel of record in the criminal proceeding. e. Upon receipt of proof that the conviction or convictions that formed the basis for revocation and annulment of the teacher's teaching certificate pursuant to this subdivision have been set aside upon appeal or otherwise reversed, vacated or annulled, the commissioner shall be required to conduct a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight of the New York codes, rules and regulations prior to making a determination as to whether to reinstate the teacher's original teaching certificate. Such determination shall be made within ninety days after such proof has been received. f. Except as provided in paragraph g of this subdivision, and notwithstanding any other provision of law to the contrary, a teacher shall be reinstated to his or her position of employment in a public school, with full back pay and benefits from the date his or her certificate was revoked or annulled to the date of such reinstatement, under the following circumstances: (i) The termination of employment was based solely on the conviction of a sex offense, or the revocation or annulment of a certificate based on such conviction, and such conviction has been set aside on appeal or otherwise reversed, vacated or annulled and the commissioner has reinstated the teacher's certification pursuant to paragraph e of this subdivision; or (ii) The termination of employment was based solely on the conviction of a sex offense and it has been determined that the teacher is not the same person as the convicted offender. g. If a teacher's employment was terminated as a result of a disciplinary proceeding conducted pursuant to section three thousand twenty-a of this chapter or other disciplinary hearing conducted pursuant to any collective bargaining or contractual agreement on one or more grounds other than conviction of a sex offense, or the revocation or annulment of a certificate based on such conviction, then nothing in paragraph f of this subdivision shall require a school district to reinstate employment of such teacher or be liable for back pay or benefits. h. No provision of this article shall be deemed to preclude the following: (i) the commissioner from conducting a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight of the New York codes, rules and regulations; or (ii) a school district or employing board from bringing a disciplinary proceeding pursuant to section three thousand twenty-a of this chapter; or (iii) a school district or employing board from bringing an alternative disciplinary proceeding conducted pursuant to a collective bargaining or contractual agreement. i. The commissioner shall be authorized to promulgate any regulations necessary to implement the provisions of this subdivision. 7-b. a. In addition to the authority to revoke and annul a certificate of qualification of a teacher in a proceeding brought pursuant to subdivisions seven and seven-a of this section, the commissioner shall be authorized, and it shall be his or her duty, to revoke and annul in accordance with this subdivision the certificate of a school administrator or supervisor convicted of an offense listed under subparagraph two of paragraph b of this subdivision. b. As used in this subdivision, the following terms shall have the following meanings: (1) "conviction" means any conviction whether by plea of guilty or nolo contendere or from a verdict after trial or otherwise; (2) "offense" means defrauding the government as defined in section 195.20 of the penal law, and any such offense in any other jurisdiction which includes all of the elements of such felony and for which a sentence to a term of imprisonment in excess of one year was authorized and is authorized in such state, irrespective of whether such sentence was imposed; (3) "school administrator or supervisor" means any professional school district administrator, school administrator or supervisor, or school business administrator holding a certificate as defined in subparagraph four of this paragraph; and (4) "certificate" means the certificate or license or other certificate of qualification granted to qualify an individual to serve as a school administrator or supervisor by any authority whatsoever. c. Upon receipt of a certified copy of a criminal history record showing that a school administrator or supervisor has been convicted of an offense as defined in subparagraph two of paragraph b of this subdivision or upon receipt of notice of such a conviction as provided in paragraph d of this subdivision, the commissioner shall automatically revoke and annul the certificate of such school administrator or supervisor without the right to a hearing. The commissioner shall mail notice of the revocation pursuant to this subdivision by certified mail, return receipt requested, and by first-class mail directed to the school administrator's or supervisor's last known address and, if different, the last address filed by the certificate holder with the commissioner and to the school administrator's or supervisor's counsel of record in the criminal proceeding as reported in the notice pursuant to paragraph d of this subdivision. Such notice shall inform the school administrator or supervisor that his or her certificate has been revoked and annulled, identify the offense of which the school administrator or supervisor has been convicted and shall set forth the procedure to follow if the school administrator or supervisor denies he or she is the person who has been so convicted. If such school administrator or supervisor notifies the commissioner in writing within twenty-five days after the date of receipt of the notice that he or she is not the same person as the convicted offender identified in the criminal record, or identified pursuant to paragraph d of this subdivision, provides proof to reasonably support such claim and the commissioner is satisfied the proof establishes such claim, the commissioner shall, within five business days of the receipt of such proof, restore such school administrator's or supervisor's teaching certificate retroactive to the date of revocation and annulment. d. Upon conviction of a school administrator or supervisor of an offense defined in subparagraph two of paragraph b of this subdivision, the district attorney or other prosecuting authority who obtained such conviction shall provide notice of such conviction to the commissioner identifying the offense of which the school administrator or supervisor has been convicted, the name and address of such offender and other identifying information prescribed by the commissioner, including the offender's date of birth and social security number, to the extent consistent with federal and state laws governing personal privacy and confidentiality of information. Such district attorney or other prosecuting authority shall include in such notice the name and business address of the offender's counsel of record in the criminal proceeding. e. Upon receipt of proof that the conviction or convictions that formed the basis for revocation and annulment of the school administrator's or supervisor's certificate pursuant to this subdivision have been set aside upon appeal or otherwise reversed, vacated or annulled, the commissioner shall be required to conduct a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight of the New York codes, rules and regulations prior to making a determination as to whether to reinstate the school administrator's or supervisor's original certificate. Such determination shall be made within ninety days after such proof has been received. f. Except as provided in paragraph g of this subdivision, and notwithstanding any other provision of law to the contrary, a school administrator or supervisor shall be reinstated to his or her position of employment in a public school or public school district, with full back pay and benefits from the date his or her certificate was revoked or annulled to the date of such reinstatement, under the following circumstances: (1) The termination of employment was based solely on the conviction of an offense defined in subparagraph two of paragraph b of this subdivision, or the revocation or annulment of a certificate based on such conviction, and such conviction has been set aside on appeal or otherwise reversed, vacated or annulled and the commissioner has reinstated the school administrator's or supervisor's certification pursuant to paragraph e of this subdivision; or (2) The termination of employment was based solely on the conviction of an offense defined in subparagraph two of paragraph b of this subdivision and it has been determined that the school administrator or supervisor is not the same person as the convicted offender. g. If a school administrator's or supervisor's employment was terminated as a result of a disciplinary proceeding conducted pursuant to section three thousand twenty-a of this chapter or other disciplinary hearing conducted pursuant to any collective bargaining or contractual agreement on one or more grounds other than conviction of an offense defined in subparagraph two of paragraph b of this subdivision, or the revocation or annulment of a certificate based on such conviction, then nothing in paragraph f of this subdivision shall require a school district to reinstate the employment of such school administrator or supervisor or be liable for back pay or benefits. h. No provision of this article shall be deemed to preclude the following: (1) the commissioner from conducting a due process hearing pursuant to subdivision seven of this section and part eighty-three of title eight of the New York codes, rules and regulations; or (2) a school district or employing board from bringing a disciplinary proceeding pursuant to section three thousand twenty-a of this chapter; or (3) a school district or employing board from bringing an alternative disciplinary proceeding conducted pursuant to a collective bargaining or contractual agreement. i. The commissioner shall be authorized to promulgate any regulations necessary to implement the provisions of this subdivision. 8. He shall cause to be prepared and keep in his office records of all persons who have received, or shall receive, certificates of qualification to teach or diplomas of the state teachers colleges, and state colleges for teachers, with the dates thereof, and shall note thereon all annulments of such certificates and diplomas, and reversals thereof, with the dates and causes thereof, together with such other particulars as he may deem expedient. 9. The commissioner shall procure with the consent of the federal authorities complete lists giving the names, ages and destination within the state of all alien children of school age and such other facts as will tend to identify them, and shall deliver copies of such lists to the several boards of education and school boards in the respective localities within the state to which said children shall be destined, to aid in the enforcement of the provisions of this chapter relative to the compulsory attendance at school of children of school age. 10. He may administer oaths and take affidavits concerning any matter relating to the duties of his office or pertaining in any way to the schools of the state or any part thereof. 11. He is hereby authorized to furnish, by means of pictorial or graphic representations, additional facilities for instruction in geography, history, science and kindred subjects, to the schools, institutions and organizations under the supervision of the regents. Material collected for this purpose may, under regents' general rules, be lent for a limited time to responsible institutions and organizations for the benefit of artisans, mechanics and other citizens of the several communities of the state. He may from time to time enter into contracts necessary for carrying out this provision. 12. The commissioner of education is authorized and directed to establish and provide for the maintenance and conduct of courses of study or training in state teachers colleges and state colleges for teachers and in colleges and universities and other educational institutions and in connection with other educational agencies for the purpose of training teachers in principles and methods of instruction, and to give them knowledge to fit them to instruct foreign born and native adults and minors over sixteen years of age in evening, extension, factory, home and community classes. Such courses of study shall be prescribed by the commissioner of education and shall continue for a period of not less than one year. No teacher employed to instruct foreign born and native adults and minors over sixteen years of age shall be employed by the state or compensated in whole or in part by the state, unless he shall have completed such course of study or training or shall have an equivalent thereof to be determined under the regulations of the commissioner of education. A special certificate shall be issued to teachers who have completed such course of study or a course of instruction which is equivalent thereto, provided, however, that temporary permits may be issued by the commissioner of education to teachers who are qualified to give such instruction pending the completion of such a course of study or training. 12-a. The commissioner shall evaluate the effectiveness of all teacher preparation programs in the state, and the timelines and costs of developing or modifying data systems to collect the necessary data. Such study shall consider measuring the effectiveness of such programs based on the academic performance of their students and graduates and through other measures. The commissioner shall consult with the chancellors of the state university of New York and the city university of New York, and other representatives of institutions of higher education. Upon completion of such study, the commissioner shall make recommendations to the board of regents on implementation of such methodologies. 13. The commissioner of education or the board of education or trustees of any city or school district may provide for the establishment of courses of instruction or study and schools in connection with factories, places of employment, or in such other places as he or they may deem advisable, for the purpose of giving instruction to foreign-born and native adults and minors over the age of sixteen years. Such course of instruction or study shall include instruction in English, history, civics and other subjects tending to promote good citizenship and to increase vocational efficiency. Such course of instruction and study shall be prescribed by the regents of the university of the state of New York, and shall be in conformity with rules to be adopted by them. 14. a.[fn*] All contracts for the transportation of school children, all contracts to maintain school buses owned or leased by a school district that are used for the transportation of school children, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a private food service management company shall be subject to the approval of the commissioner, who may disapprove a proposed contract if, in his opinion, the best interests of the district will be promoted thereby. Except as provided in paragraph e of this subdivision, all such contracts involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law shall be awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee of a district, with power hereby vested in the commissioner to reject any or all bids if, in his opinion, the best interests of the district will be promoted thereby and, upon such rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek, obtain and consider new proposals. All proposals for such transportation, maintenance, mobile instructional units, or cafeteria and restaurant service shall be in such form as the commissioner may prescribe. Advertisement for bids shall be published in a newspaper or newspapers designated by the board of education or trustee of the district having general circulation within the district for such purpose. Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and read either by the school authorities or by a person or persons designated by them. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. The requirement for competitive bidding shall not apply to an award of a contract for the transportation of pupils or a contract for mobile instructional units, if such award is based on an evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision. The requirement for competitive bidding shall not apply to annual, biennial, or triennial extensions of a contract nor shall the requirement for competitive bidding apply to quadrennial or quinquennial year extensions of a contract involving transportation of pupils, maintenance of school buses or mobile instructional units secured either through competitive bidding or through evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision, when such extensions (1) are made by the board of education or the trustee of a district, under rules and regulations prescribed by the commissioner, and[,] (2) do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced thereunder and in the case of contracts for the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, (i) to reject any extension of a contract beyond the initial term thereof if he finds that amount to be paid by the district to the contractor in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U) during the preceding twelve month period; and (ii) to reject any extension of a contract after ten years from the date transportation or maintenance service commenced thereunder, or mobile instructional units were first provided, if in his opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of the district to seek, obtain and consider bids pursuant to the provisions of this section. The board of education or the trustee of a school district electing to extend a contract as provided herein, may, in its discretion, increase the amount to be paid in each year of the contract extension by an amount not to exceed the regional consumer price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U), during the preceding twelve month period, provided it has been satisfactorily established by the contractor that there has been at least an equivalent increase in the amount of his cost of operation, during the period of the contract. [fn*] NB Effective until 2012/06/30, pursuant to Laws 1996, ch. 698, Sec. 4, as amended Laws 2007, ch. 165, Sec. 1 a.[fn*] All contracts for the transportation of school children, all contracts to maintain school buses owned or leased by a school district that are used for the transportation of school children, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a private food service management company shall be subject to the approval of the commissioner, who may disapprove a proposed contract if, in his opinion, the best interests of the district will be promoted thereby. All such contracts involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law shall be awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee of a district, with power hereby vested in the commissioner to reject any or all bids if, in his opinion, the best interests of the district will be promoted thereby and, upon such rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek, obtain and consider new proposals. All proposals for such transportation, maintenance, mobile instructional units, or cafeteria and restaurant service shall be in such form as the commissioner may prescribe. Advertisement for bids shall be published in a newspaper or newspapers designated by the board of education or trustee of the district having general circulation within the district for such purpose. Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and read either by the school authorities or by a person or persons designated by them. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. The requirement for competitive bidding shall not apply to annual, biennial, or triennial extensions of a contract nor shall the requirement for competitive bidding apply to quadrennial or quinquennial year extensions of a contract involving transportation of pupils, maintenance of school buses or mobile instructional units secured through competitive bidding when such extensions (1) are made by the board of education or the trustee of a district, under rules and regulations prescribed by the commissioner, and, (2) do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced thereunder and in the case of contracts for the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, (i) to reject any extension of a contract beyond the initial term thereof if he finds that amount to be paid by the district to the contractor in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U) during the preceding twelve month period; and (ii) to reject any extension of a contract after ten years from the date transportation or maintenance service commenced thereunder, or mobile instructional units were first provided, if in his opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of the district to seek, obtain and consider bids pursuant to the provisions of this section. The board of education or the trustee of a school district electing to extend a contract as provided herein, may, in its discretion, increase the amount to be paid in each year of the contract extension by an amount not to exceed the regional consumer price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U), during the preceding twelve month period, provided it has been satisfactorily established by the contractor that there has been at least an equivalent increase in the amount of his cost of operation, during the period of the contract. [fn*] NB Effective 2012/06/30, pursuant to Laws 1996, ch. 698, Sec. 4, as amended Laws 2007, ch. 165, Sec. 1 b. Notwithstanding the provisions of paragraph a of this subdivision, in the case of any emergency arising out of an accident or other unforeseen occurrence or condition affecting pupil transportation services within a district, and requiring immediate action which cannot await competitive bidding, interim contracts for pupil transportation services may be let by the board of education or the trustee of such district for a period not to exceed one month, pending the award of a contract for such services in compliance with the provisions of paragraph a of this subdivision. c. Each board of education, or the trustees, of a school district which elected or elects to extend one or more pupil transportation contracts may extend a contract in an amount which is in excess of the maximum increase allowed by use of the CPI referenced in paragraph a of this subdivision. Such excess amount shall not be greater than the sum of the following: (i) the sum of the actual cost of qualifying criminal history and driver licensing testing fees attributable to special requirements for drivers of school buses pursuant to articles nineteen and nineteen-A of the vehicle and traffic law plus the actual cost of any diagnostic tests and physical performance tests that are deemed to be necessary by an examining physician or the chief school officer to determine whether an applicant to drive a school bus under the terms of the contract has the physical and mental ability to operate a school transportation conveyance and to satisfactorily perform the other responsibilities of a school bus driver pursuant to regulations of the commissioner; (ii) in a school district located in a city with at least one million inhabitants, the actual cost of clean air technology filters and Global Positioning System (GPS) technology; (iii) in a school district located in a city with at least one million inhabitants, with respects only to any extension beginning in fiscal year two thousand five — two thousand six, the sum of the actual cost of providing school bus attendants including the actual cost of criminal history record checks for school bus attendant applicants and training and instruction for school bus attendants pursuant to section twelve hundred twenty-nine-d of the vehicle and traffic law plus up to five percent of such cost for necessary administrative services; and (iv) the actual cost of equipment or vehicle modification, or training required, by any state or local legislation or regulation promulgated or effective on or after June first, two thousand five. Such costs shall be approved by the commissioner upon documentation provided by the school district and contractor as required by the commissioner. d.[fn*] Notwithstanding the provisions of paragraphs a, b and c of this subdivision, the board of education or the trustee of a district and a contractor providing pupil transportation services to such district may amend a contract for pupil transportation services upon a finding that such amendment is necessary to comply with any federal, state or local law, rule or regulation imposed after the execution of such contract, or to enhance the safety of pupil transportation, as determined by the board or trustee subject to the approval of the commissioner pursuant to regulations which shall require demonstrable enhancements in pupil safety and/or increased savings consistent with maintaining pupil safety. Such amendment shall cause no additional cost to the state, locality or school district. The commissioner shall not approve such an amendment if the commissioner finds that it circumvents the competitive bidding requirements contained in paragraph a of this subdivision, or otherwise violates this section or any other provision of law, or fails to increase or maintain the safety of pupil transportation. [fn*] NB Repealed 2011/01/01, pursuant to Laws 1995, ch. 552, Sec. 2, as amended by Laws 2007, ch. 267, Sec. 1 e.[fn*] Notwithstanding the provisions of any general, special or local law or charter, a board of education or a trustee of a district, pursuant to rules and regulations promulgated by the commissioner, may award a contract for the transportation of pupils or a contract for mobile instructional units involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law in compliance with the provisions of paragraph a of this subdivision or subsequent to an evaluation of proposals submitted in response to a request for proposals prepared by or for the board of education or trustee of a district. The commissioner, in addition to his existing statutory authority to approve or disapprove transportation contracts, may reject any award of a transportation contract or a contract for mobile instructional units that is based on an evaluation of proposals submitted in response to a request for proposals if he finds that (1) the contractor is not the most responsive to the request for proposals, or (2) that the best interests of the district will be promoted thereby. [fn*] NB Repealed 2012/06/30, pursuant to Laws 1996, ch. 698, Sec. 4, as amended Laws 2007, ch. 165, Sec. 1 f.[fn*] When a board of education or a trustee of a school district elects to receive proposals submitted in response to a request for proposals, such board of education or trustee shall evaluate each proposal from a responding contractor according to criteria established by the commissioner. For evaluation of proposals related to contracts for pupil transportation services, such criteria shall include at a minimum (i) the previous experience of the contractor in transporting pupils, (ii) the name of each transportation company the contractor has been an owner or a manager and previous experience, (iii) a description of any safety programs implemented by the contractor, (iv) a record of accidents in motor vehicles under the control of the contractor, (v) driving history of employees of the contractor, (vi) inspection records and model year of the motor vehicles under the control of the contractor, (vii) maintenance schedule of the motor vehicles under the control of the contractor, (viii) financial analysis of the contractor, and (ix) compliance with insurance requirements. For evaluation of proposals related to contracts for mobile instructional units, such criteria shall include at a minimum (1) the previous experience of the contractor in providing mobile instructional units for use by public school districts, (2) the name of each transportation company or manufacturer in which the contractor or any of the contractor's officers has been an owner or a manager or has had a controlling interest, (3) a description of any vehicle safety standards included in the design standards for the mobile instructional units under the control of the contractor that exceed applicable standards defined in statute or regulations, (4) inspection records and model year of the mobile instructional units under the control of the contractor, (5) maintenance schedule of the mobile instructional units under the control of the contractor, (6) financial analysis of the contractor and (7) compliance with insurance requirements. fn*] NB Repealed 2012/06/30, pursuant to Laws 1996, ch. 698, Sec. 4, as amended Laws 2007, ch. 165, Sec. 1 15. The extension industrial teacher training courses heretofore established are continued under the jurisdiction and control of the education department. Members of the faculty to teach such courses shall be appointed by the commissioner of education and, subject to the approval of the director of the budget, shall be classified, allocated and paid in accordance with the schedules contained in section three hundred fifty-five-a of this chapter. 16. The commissioner shall cooperate with the commissioner of health to facilitate the timely establishment and maintenance of current records of courses in advanced emergency medical technology. 17. Whenever a mistake has been made, or an honest dispute exists, as to the location of the division line between land owned by the state, which is under the jurisdiction, care, custody or control of the department of education, and adjoining privately owned land, the commissioner of education, acting for and on behalf and in the name of the people of the state of New York, may enter into a boundary line agreement, fixing and determining the division line between such lands, subject to the approval of the attorney general as to form, content and manner of execution. 18. The commissioner shall cooperate with the superintendent of banks and the commissioner of commerce in the creation of educational programs to be offered in conjunction with and in support of the export finance awareness program of the department of banks and the department of commerce. Such assistance may include, but shall not be limited to, the development of specific training programs, identification of potential training needs, provision of facilities for training and the identification of potential trainees. Further activity by the commissioner shall require that a designee of the commissioner attend each and every export awareness advisory board meeting, formally report to the commissioner, and have the commissioner contact the superintendent of banks and the commissioner of commerce so that the superintendent of banks may coordinate the activities of each of these components in the area of training. 19. The commissioner is authorized and directed to require all elementary and secondary schools to store all chemicals present in their science facilities in locked and secure storage rooms and cabinets. The schools shall provide for the placement, spacing, arrangement, ventilation and fire protection of such stored chemicals in accordance with guidelines promulgated by the commissioner of education. The commissioner shall also require all elementary and secondary schools to prepare at least annually an inventory of such chemicals, including the chemical's name, the chemical abstracts service registry number, a hazard warning code, the generally accepted method or methods of disposal, a compatible storage code, the date received, the scheduled date of disposal, the quantity received, the quantity remaining and its location. The inventory must be kept in a secure location and be available for inspection by the commissioner. 20. He shall also have and execute such further powers and duties as he shall be charged with by the regents. 21. a. For the purposes of the computation of the apportionment of aid under any of the provisions of this chapter or any other law, the commissioner shall promulgate regulations to provide where not otherwise provided by law, for the use of whole numbers, fractions or decimals. Such regulations shall specify when such numbers shall be rounded or truncated. Such regulations may provide that under each apportionment the amount of aid to be paid pursuant to the applicable section of law may be paid in whole dollars. b. The commissioner shall periodically prepare an updated electronic data file containing actual and estimated data relating to apportionments due and owing during the current school year and projections of such apportionments for the following school year to school districts and boards of cooperative educational services from the general support for public schools, growth and boards of cooperative educational services appropriations on the following dates: November fifteenth, or such alternative date as may be requested by the director of the budget for the purpose of preparation of the executive budget; February fifteenth, or such alternative date as may be jointly requested by the chair of the senate finance committee and the chair of the assembly ways and means committee; and May fifteenth. c. The commissioner shall transmit a report in support of the general support for public schools appropriation to the director of the budget and each such committee chair containing schedules displaying such apportionments then due and owing, including updated data for the current audit year, seven preceding audit years and the estimated year, to coincide with each such update and by September first with respect to payments due for the preceding school year. 22. The commissioner shall establish the procedures for a statewide system of assigning unique student identification numbers for all students in public and nonpublic schools within the state for purposes of student tracking and for state reporting purposes. Students shall retain their numbers until they attain the age of twenty-one. As new students enter schools in New York, they shall be assigned a unique number. The commissioner shall include in such system appropriate procedures for insuring security and confidentiality of student information. The commissioner shall adopt regulations to provide for the implementation of such statewide system by school districts and nonpublic schools. 23. The commissioner shall have primary responsibility for the development and implementation of integrated employment opportunities including short-term and intensive supported employment services and, as appropriate, long-term extended support services and shall coordinate with the commissioner of social services, the commissioner of the office of mental health and the commissioner of the office of mental retardation and developmental disabilities under an integrated employment implementation plan, pursuant to article twenty-one of this chapter. 24. Notwithstanding any inconsistent provision of this chapter, the commissioner may, by regulation, provide for a system whereby schools, school districts and municipalities submit required certifications electronically or in any other media form which the commissioner reasonably determines offers the same degree of accountability and control provided by paper certifications. The certifications described in this subdivision shall constitute written instruments, computer data or statements within the meaning of articles one hundred seventy, one hundred seventy-five and one hundred seventy-six of the penal law. 25. The commissioner shall conduct periodic fiscal audits of boards of cooperative educational services as defined in section nineteen hundred fifty of this chapter and, to the extent sufficient resources are provided the department for such purpose, shall assure that each such board of cooperative educational services is audited at least once every three years. 26. The commissioner is authorized and directed to promulgate rules and regulations to require that any statement prepared to satisfy the provisions of sections sixteen hundred eight, seventeen hundred sixteen and twenty-six hundred one-a of this chapter, any district-wide mailing distributed which in whole or part related to such statement, and any report prepared to satisfy the requirements of sections sixteen hundred ten, seventeen hundred twenty-one and twenty-five hundred twenty-eight of this chapter, commencing in the nineteen hundred ninety-seven — ninety-eight school year, be in plain language and that categorization of and format for revenue including payments in lieu of taxes, property tax refunds from certiorari proceedings, expenditure, transfer, and fund balance information and changes in such data from the prior year and, in the case of a resubmitted or amended budget, changes in such information from the prior year's submitted budget, shall be complete and accurate and set forth in such a manner as to best promote public comprehension and readability. 27. The commissioner shall promulgate regulations in consultation with the New York state energy research and development authority concerning the development and approval of energy performance contracts for school districts and boards of cooperative educational services in accordance with subdivision eight of section 9-103 of the energy law. 28. On or before April first, two thousand, the commissioner shall develop and implement an automated board of cooperative educational services state aid reporting system for the purpose of tracking and reporting state and local expenditures for aidable shared services pursuant to subdivision five of section nineteen hundred fifty of this chapter. Such system shall track state and local expenditures in the manner prescribed by the commissioner, provided that, at a minimum, such system shall report such expenditures by board of cooperative educational services, by type of cooperative service agreement (co-ser) and by component school district. In addition, such system shall report expenses and aid totals, as well as expenditures and aid per resident weighted average daily attendance. 29. The commissioner shall develop a program whereby any veteran of the armed forces who served in world war II and who was unable, for any reason, to complete a secondary education, may be awarded a high school diploma based on knowledge and experience gained while in service. 29-a. The commissioner shall develop a program whereby any veteran of the armed forces who served in the Korean conflict and who was unable, for any reason, to complete a secondary education, may be awarded a high school diploma based on knowledge and experience gained while in service. 29-b. The commissioner shall develop a program whereby any veteran of the armed forces who served in the Vietnam war and who was unable, for any reason, to complete a secondary education, may be awarded a high school diploma based on knowledge and experience gained while in service. 30. (a) The commissioner, in cooperation with the division of criminal justice services and in accordance with all applicable provisions of law, shall promulgate rules and regulations to require the fingerprinting of prospective employees, as defined in section eleven hundred twenty-five of this chapter, of school districts, charter schools and boards of cooperative educational services and authorizing the fingerprinting of prospective employees of nonpublic and private elementary and secondary schools, and for the use of information derived from searches of the records of the division of criminal justice services and the federal bureau of investigation based on the use of such fingerprints. The commissioner shall also develop a form for use by school districts, charter schools, boards of cooperative educational services, and nonpublic and private elementary and secondary schools in connection with the submission of fingerprints that contains the specific job title sought and any other information that may be relevant to consideration of the applicant. The commissioner shall also establish a form for the recordation of allegations of child abuse in an educational setting, as required pursuant to section eleven hundred twenty-six of this chapter. No person who has been fingerprinted pursuant to section three thousand four-b of this chapter or pursuant to section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law and whose fingerprints remain on file with the division of criminal justice services shall be required to undergo fingerprinting for purposes of a new criminal history record check. This subdivision and the rules and regulations promulgated pursuant thereto shall not apply to a school district within a city with a population of one million or more. (b) The commissioner, in cooperation with the division of criminal justice services, shall promulgate a form to be provided to all such prospective employees of school districts, charter schools, boards of cooperative educational services, and nonpublic and private elementary and secondary schools that elect to fingerprint and seek clearance for prospective employees that shall: (i) inform the prospective employee that the commissioner is required or authorized to request his or her criminal history information from the division of criminal justice services and the federal bureau of investigation and review such information pursuant to this section, and provide a description of the manner in which his or her fingerprint cards will be used upon submission to the division of criminal justice services; (ii) inform the prospective employee that he or she has the right to obtain, review and seek correction of his or her criminal history information pursuant to regulations and procedures established by the division of criminal justice services. (c) The prospective employer shall obtain the signed, informed consent of the prospective employee on such form supplied by the commissioner which indicates that such person has: (i) been informed of the right and procedures necessary to obtain, review and seek correction of his or her criminal history information; (ii) been informed of the reason for the request for his or her criminal history information; (iii) consented to such request for a report; (iv) supplied on the form a current mailing or home address for the prospective employee; (v) been informed that he or she may withdraw his or her application for employment pursuant to this section, without prejudice, at any time before employment is offered or declined, regardless of whether the prospective employee or employer has reviewed such prospective employee's criminal history information; (vi) where the applicant is to be fingerprinted pursuant to section three thousand thirty-five of this chapter, the process for seeking a waiver of the fees associated with conducting a criminal history records check, pursuant to paragraph (b) of subdivision four of section three thousand thirty-five of this chapter, (vii) been informed that in the event his or her employment is terminated and such person has not become employed in the same or another school district, charter school, board of cooperative educational services, or nonpublic or private elementary or secondary school within twelve-months of such termination, the commissioner shall notify the division of criminal justice services of such termination, and the division of criminal justice services shall destroy the fingerprints of such person. Such person may request that the commissioner notify the division of criminal justice services that his or her fingerprints shall be destroyed prior to the expiration of such twelve month period in which case the commissioner shall notify the division of criminal justice services and the division shall destroy the fingerprints of such person promptly upon receipt of the request; and (viii) been informed of the manner in which he or she may submit to the commissioner any information that may be relevant to the consideration of his or her application for clearance including, where applicable, information in regard to his or her good conduct and rehabilitation. (d)[fn*] The commissioner shall develop forms to be provided to all school districts, charter schools, boards of cooperative educational services, and to all nonpublic and private elementary and secondary schools that elect to fingerprint their prospective employees, to be completed and signed by prospective employees when conditional appointment or emergency conditional appointment is offered. [fn*] NB Repealed 2010/07/01, pursuant to Laws 2001, ch. 147, Sec. 12, as amended by Laws 2009, ch. 179, Sec. 8 (e)[fn*] The commissioner may promulgate rules and regulations regarding the conditional appointment and emergency conditional appointment of a prospective employee. [fn*] NB Repealed 2010/07/01, pursuant to Laws 2001, ch. 147, Sec. 12, as amended by Laws 2009, ch. 179, Sec. 8 31.[fn*] The commissioner shall direct that each school district, charter school, and private elementary and secondary school appoint a designated educational official for the purposes set forth in section 380.90 of the criminal procedure law, subdivision seventeen of section 301.2 and subdivision three of section 380.1 of the family court act. In addition, the commissioner shall promulgate rules and regulations, in consultation with the office of court administration, to facilitate electronic access by the courts to the names and addresses of such designated educational officials. [fn*] NB There are 2 subds. 31, this one added by Laws 2001, ch. 380. 31.[fn*] The commissioner shall cooperate with the commissioner of agriculture and markets in establishing a farm-to-school program and coordinating New York harvest for New York kids week as described in subdivision five-b of section sixteen of the agriculture and markets law. The commissioner's responsibilities shall include, but not be limited to, compiling information for the department of agriculture and markets from school districts and other educational institutions under the department's jurisdiction interested in purchasing New York farm products and disseminating to those districts and institutions information from the department of agriculture and markets about the availability of New York farm products, and contact information for farmers and other businesses marketing such products. The commissioner shall report to the legislature about the need for changes in law to facilitate the purchase of such products by schools and other institutions. [fn*] NB There are 2 subds. 31, this one added by Laws 2001, ch. 2. 32. On or before June first, two thousand three, the commissioner shall complete a review of all applications, plans and reports required of school districts or boards of cooperative educational services by the department. This review shall be undertaken with a focus on streamlining all programmatic reporting requirements with the aim of eliminating or reducing excess reporting requirements and to determine the need for continued annual submission of such documents. Upon completion of such review, the commissioner shall submit his or her findings to the director of the budget, the chair of the assembly ways and means committee and the chair of the senate finance committee. 33.[fn*] a. The commissioner shall establish procedures for the approval of providers of supplemental educational services in accordance with the provisions of subsection (e) of section one thousand one hundred sixteen of the No Child Left Behind Act of 2001 and shall adopt regulations to implement such procedures. Notwithstanding any other provision of state or local law, rule or regulation to the contrary, any local educational agency that receives federal funds pursuant to title I of the Elementary and Secondary Education Act of nineteen hundred sixty-five, as amended, shall be authorized to contract with the approved provider selected by a student's parent, as such term is defined in subsection thirty-one of section nine thousand one hundred one of the No Child Left Behind Act of 2001, for the provision of supplemental educational services to the extent required under such section one thousand one hundred sixteen. Eligible approved providers shall include, but not be limited to, public schools, BOCES, institutions of higher education, and community based organizations. b. Notwithstanding any other provision of law to the contrary, for purposes of article twenty-three-B of this chapter and for purposes of a criminal history record check pursuant to section three thousand thirty-five or subdivision twenty of section twenty-five hundred ninety-h of this chapter, any individual who is employed by or associated with a supplemental educational services provider approved by the commissioner other than a school district, board of cooperative educational services or charter school, and who will provide supplemental educational services through direct contact with eligible children shall be deemed to be an employee of the school district in which he or she provides such services for purposes of article twenty-three-B of this chapter and shall be deemed to be a prospective employee of each school district in which such provider is authorized to provide services and shall be required to be fingerprinted pursuant to section three thousand thirty-five or subdivision twenty of section twenty-five hundred ninety-h of this chapter, regardless of the location in which such services are delivered. 34. The commissioner is hereby authorized and directed to apply school bus safety practices instruction and retraining requirements prescribed pursuant to the provisions of section thirty-six hundred twenty-four of this chapter to drivers who operate transportation which is owned, leased or contracted for by private and parochial schools to the same extent as such requirements shall apply to drivers who operate transportation which is owned, leased or contracted for by public school districts. The chief school administrator of every private and parochial school shall approve the employment of each driver for each school bus operated for such private or parochial school and shall ensure that each such driver shall meet the school bus safety practices instruction and retraining requirements prescribed pursuant to section thirty-six hundred twenty-four of this chapter. Nothing in this subdivision shall be construed to apply such provisions to volunteer drivers who transport pupils on other than a regularly established route on an occasional basis. 35.[fn*] The commissioner shall develop guidelines by which school districts may establish a program to make available to parents or persons in parental relation of children attending schools in such districts, an internet based electronic communications system to provide for the transmission of individual personalized messages or group communication over the internet, to communicate with the teachers of such children. 35.[fn*] The commissioner shall, in cooperation with the commissioner of mental health, develop guidelines for voluntary implementation by school districts, that incorporate social and emotional development into elementary and secondary school educational programs as prescribed in paragraph (b) of subdivision one of section three of the children's mental health act of 2006. 36. The commissioner shall ensure that by July first, two thousand eight, a student progress report, written in plain English and in a form prescribed by the commissioner, is prepared for all students. Such progress report shall provide parents or persons in parental relation with information on their child's performance on state assessments over multiple years of testing and shall also explain the process by which parents or persons in parental relation may inquire further about their child's progress. All school districts and charter schools shall prepare and disseminate the student progress report to parents or persons in parental relation in a timely manner. 37. The commissioner shall develop methods to support educators in the use of performance data to assist in student learning, which shall be periodically improved based on feedback from educators. 38. The commissioner shall develop informational materials to assist parents or persons in parental relation and teachers in understanding the regents learning standards and the results of state assessments. 39. The commissioner shall develop a school leadership report card and a separate school progress report card to assist boards of education, the state and the public in assessing the performance of school leaders, including superintendents of schools and building principals, and the schools that they lead. The report cards shall include an assessment of the school's progress in achieving standards of excellence. By January first, two thousand nine, the commissioner shall develop such standards of excellence which shall include, but not be limited to, parent involvement, curriculum, teacher quality, and accountability measures as set forth in section two hundred eleven-a of this title. The commissioner shall promulgate regulations requiring the trustees or boards of education of every common, union free, central, central high school and city school district, and the chancellor of a city school district in a city of one million or more inhabitants, to attach copies of such report cards to the statement of estimated expenditures pursuant to section sixteen hundred eight or seventeen hundred sixteen of this chapter, where applicable, and to otherwise make the report cards publicly available in the same manner as a school district report card. 40. The board of regents shall explore the development of a prekindergarten through postsecondary (P-16) data system that tracks student performance from prekindergarten through attendance at public colleges in this state and links students to teachers or instructors. The commissioner shall consult with other relevant state departments, agencies and instrumentalities of the state about the feasibility of linking the system to other data collection systems containing information relevant to the education of children, including but not limited to social services information; and to identify barriers to the exchange of data between the P-16 system and social services and other systems under their control and collaborate to facilitate the free exchange of data. Such data system shall be maintained consistent with applicable confidentiality requirements, so as to prevent disclosures that would constitute an unwarranted invasion of personal privacy. The commissioner shall report to the board of regents on activities conducted pursuant to this subdivision. 41. The commissioner shall establish a program to evaluate various methods used by schools to identify students receiving a free or reduced price meal under programs authorized by the National School Lunch Act, as amended, or the Child Nutrition Act of 1966, as amended. The commissioner hall identify methodologies and practices utilized by schools and school districts, within the state and nationally, to: a. simplify student access to meal programs; and b. identify students through an electronic payment system, or through other means, in order to eliminate the overt identification of students receiving a free or reduced price meal. On or before July first, two thousand nine, the commissioner shall disseminate detailed information on the best practices utilized by such schools and school districts which simplify access and eliminate the distinction between students receiving a free or reduced price meal and those paying full price so as to more effectively operate the program. The commissioner shall also submit a report containing such information to the legislature on or before such date. Effective Date: Laws 2000, ch. 182, Sec. 3, provided that: "This act shall take effect on the same date as a chapter of the laws of 2000 amending the education law relating to the protection of pupils in educational settings as proposed in legislative bills numbers S. 1031-G and A. 11537, takes effect." Effective Date: Laws 2000, ch. 181, Sec. 24, provided in part that: "Section twelve of this act shall apply to proceedings on or after such effective date [November 1, 2000]." Effective Date: Laws 2000, ch. 180, Sec. 14, provided that: "This act shall take effect July 1, 2001, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date." Severability: Laws 1999, ch. 405, Pt. L, Sec. 103, provided that: "The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the application of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered." Laws 1999, ch. 405, Sec. 2, provided that: "If any clause, sentence, paragraph, subdivision, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part contained in any part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein."

Section 461-m Death and felony crime reporting. The operator of an adult 18 home or residence for adults shall have an affirmative duty to report 19 any death, or attempted suicide of a resident to the department within 20 twenty-four hours of its occurrence, and shall also have an affirmative duty to report to an appropriate law enforcement authority if it is believed that a felony crime may have been committed against a resident of such facility as soon as possible, or in any event within forty-eight hours. In addition, the operator shall send any reports involving a resident who had at any time received services from a mental hygiene 2service provider to the [state commission on quality of care for the mentally disabled] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH 28 SPECIAL NEEDS..

461-o. Complaint investigation procedures. The department shall establish procedures governing the receipt and investigation of complaints regarding the care afforded to residents of adult care facilities CONSISTENT WITH ARTICLE ELEVEN OF THIS CHAPTER, AS APPLICABLE. Such procedures shall assure the confidentiality of the complainant. Such procedures shall include but not be limited to the procedures for 37 reporting complaints, either in writing or orally to the department, and 38 the time frames governing the investigation of any such complaints submitted to the department. Provided however, if any complaint alleges the abuse or neglect of a resident or involves an incident that exposes a resident to cruel or unsafe care or otherwise represents a serious resident care issue, the department shall ensure that an investigation of any such complaint is initiated immediately and in no event commenced less than seventy-two hours from the time such complaint is received by the department. Upon the conclusion of the investigation by the department the operator and the complainant shall be notified in writing of the results of such investigation OR, AS APPLICABLE, PURSUANT TO ARTICLE 48 ELEVEN OF THIS CHAPTER.

462. Responsibility for standards. 1. (a) The [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES shall promulgate regulations concerning standards of care and treatment and fiscal, administrative, nutritional, architectural and safety standards, consistent with the provisions of section three hundred ninety-eight-a of this chapter, which shall apply to all facilities exercising care or custody of children or providing care or shelter to unmarried mothers. (b) With respect to facilities exercising care or custody of children, no license or operating certificate shall be provided or renewed unless it can be demonstrated that such facilities comply with regulations for 11 the prevention and remediation of [abuse and maltreatment of] REPORTABLE INCIDENTS INVOLVING children in such facilities, including procedures for: (i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, [the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall 18 include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, relevant experiential and educational information and sign a sworn statement indicating whether the applicant to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction] ASSISTING THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS WITH ITS REVIEW AND EVALUATIONOF CRIMINAL BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES, AS SET FORTH IN SUBDIVISION FIVE OF SECTION FIVE HUNDRED FIFTY-THREE OF THE EXECUTIVE LAW; (ii) establishing, for employees, relevant minimal experiential and educational qualifications consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (iii) assuring adequate and appropriate supervision of employees, volunteers and consultants; (iv) demonstrating by a residential facility or program that appropriate action is taken to assure the safety of the child who is reported PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER to the [state] VULNERABLE PERSONS' central register [of child abuse and maltreatment] as well as other children in care, immediately upon notification that a report of [child abuse or maltreatment] A REPORTABLE INCIDENT has been made with respect to a child in such facility or program; (v) CONSISTENT WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS, ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED NINETY-THREE OF THIS CHAPTER, THAT IS INCLUDED ON THE VULNERABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR OTHERWISE USED IN ANY POSITION IN WHICH SUCH INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM OPERATED, LICENSED OR CERTIFIED BY THE OFFICE; (VI) removing a child, consistent as applicable with any court order placing the child, when it is determined that there is risk to such child if he or she continues to remain within a facility or program; [(vi)] (VII) appropriate preventive and remedial action to be taken including legal actions, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. (c) With respect to facilities exercising care or custody of children such standards shall establish as a priority that: (i) subject to the amounts appropriated therefore, administrators, employees, volunteers and consultants receive training in at least the 3 following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from abuse and [maltreatment] NEGLECT, and other appropriate topics, provided however, that the [department] OFFICE may exempt administrators and consultants of such facilities or programs from such requirements upon demonstration of substantially equivalent knowledge or experience; and (ii) subject to the amounts appropriated therefore, children receive instruction, consistent with their age, needs and circumstances as well as the needs and circumstances within the facility or program, in techniques and procedures which will enable such children to ADVOCATE FOR AND protect themselves from [abuse and maltreatment] REPORTABLE INCIDENTS; and (iii) the [department] OFFICE, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR PERSONS WITH SPECIAL NEEDS, shall take all reasonable and necessary actions to assure that employees, volunteers and consultants in residential care facilities and programs are kept apprised on a current basis of all [department] OFFICE policies and procedures relating to the protection of children from [abuse and maltreatment] REPORTABLE INCIDENTS, and shall monitor and supervise the provision of training to such administrators, employees, volunteers, children and consultants. (d) Such regulations shall be developed in consultation with other state departments and agencies responsible for human services programs including, but not limited to, the department of education, the depart of health, [the department of mental hygiene, the division for youth and the board of social welfare,] THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS and shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes. (e) This subdivision shall not apply to facilities operated by or certified or licensed to operate by another state agency. (f) No residential institution for children as defined in subdivision forty-four of section sixteen hundred seventy-six of the public authorities law shall enter into a lease, sub-lease or other agreement with the dormitory authority pursuant to subdivision forty of section sixteen hundred eighty of the public authorities law unless and until: (i) the office of children and family services, the director of the division of the budget and any other state agency which licenses such residential institutions for children first determines that the project is necessary to address health and safety needs of children at the institution, approve the project cost upon determination that such costs are reasonable, necessary and cost effective based upon the application of cost per square foot guidelines and any other standards applicable to the type of program or to the clinically-required needs of a specialized group of children to be served by the project; and (ii) the office of children and family services or such other state agency which licenses such residential institution for children approves the plans and specifications of the residential facilities to be replaced, reconstructed, rehabilitated, improved, renovated, or otherwise provided for, furnished or equipped. (a) The [division for youth] OFFICE shall establish regulations 4 governing secure and non-secure detention facilities subject to article 5 nineteen-G of the executive law and residential facilities operated as 6 approved runaway programs or transitional independent living support 7 programs pursuant to article nineteen-H of the executive law. 8 (b) The appropriate offices of the state department of mental hygiene shall establish regulations governing all child care facilities subject to articles [twenty-three,] thirty-one and thirty-two of the mental hygiene law. (c) The department of mental hygiene and the [division for youth] OFFICE shall propose any additional standards as are deemed necessary to adequately ensure the care of children in facilities subject to the inspection and supervision of the department, which care for a significant number of mentally disabled children, juvenile delinquents or persons in need of supervision. The final form of any such additional standards shall be subject to the approval of the department of mental hygiene for such standards related to the care of mentally disabled children, or the [division for youth] OFFICE for such standards related to the care of juvenile delinquents and persons in need of supervision.

27 S 462-a. Responsibility for inspection and supervision. 1. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall inspect and supervise secure and non-secure detention facilities and those [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES residential facilities authorized by article nineteen-G of the executive law and those residential facilities operated as approved runaway programs or transitional independent living support programs pursuant to article nineteen-H of the executive law. The appropriate offices of the state department of mental hygiene shall inspect and supervise those facilities subject to articles [twenty-three,] thirty-one and thirty-two of the mental hygiene law. For those facilities which care for a significant number of mentally disabled children, the department shall enter into written cooperative agreements no later than October first, nineteen hundred seventy-seven with the department of mental hygiene for joint inspection and supervision of such facilities, as appropriate. The [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES shall inspect and supervise all other child care facilities subject to its regulation.

462-b Responsibility for enforcement. 1. The [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES shall exercise the enforcement powers enumerated in section four hundred sixty-d of this article which may apply to secure and non-secure detention facilities and to those [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES residential facilities authorized by article nineteen-G of the executive law and those residential facilities operated as approved runaway programs or 2 transitional independent living support programs pursuant to article nineteen-H of the executive law. The appropriate offices of the state department of mental hygiene 5 shall exercise the enforcement powers enumerated in section four hundred sixty-d of this article which may apply to those facilities subject to articles [twenty-three,] thirty-one and thirty-two of the mental hygiene law. With respect to facilities which care for a significant number of mentally disabled children, the department shall enter into written cooperative agreements no later than October first, nineteen hundred seventy-seven with the department of mental hygiene establishing circumstances under which the department will at the request of the department of mental hygiene act to limit or modify the operating certificate of any facility so as to preclude such facility from accepting, caring for or continuing to care for mentally disabled children. The [department of social services] OFFICE OF CHILDREN AND FAMILY SERVICES shall exercise the enforcement powers enumerated in section four hundred sixty-d of this article with respect to all other child caring facilities subject to its regulation either independently or at the request of the department of mental hygiene [or the division for youth]. This act shall take effect June 30, 2013; provided, however, that the amendments to section 426 of the social services law made by section eleven-a of this act shall take effect on the same date as section 6 of chapter 377 of the laws of 2011 takes effect; provided further, that effective immediately, the addition, amendment or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART E Section 1. Subdivision 5 of section 1125 of the education law, as added by chapter 180 of the laws of 2000, is amended to read as follows: "Educational setting" shall mean the building and grounds of a public school district, the vehicles provided by the school district for the transportation of students to and from school buildings, field trips, co-curricular and extra-curricular activities both on and off school district grounds, all co-curricular and extra-curricular activity sites, and any other location where direct contact between an employee or volunteer and a child has allegedly occurred. SUCH TERM SHALL NOT INCLUDE A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOU- 42 SAND ONE OF THIS CHAPTER WHICH SHALL BE SUBJECT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW. S 1-a. Subdivisions (a), (b) and (c) of section 4212 of the education law, as amended by chapter of the laws of 1992, are amended to read as follows: (a) Promulgate regulations concerning standards for the protection of children in residential care from [abuse and maltreatment] REPORTABLE INCIDENTS IN ACCORDANCE WITH THIS SECTION AND ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW, including procedures for: (i) consistent with appropriate collective bargaining agreements and 52 applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational information, and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction; (ii) establishing, for employees, relevant minimal experiential and educational qualifications, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (iii) assuring adequate and appropriate supervision of employees, volunteers and consultants; (iv) demonstrating by a residential facility or program that appropriate action is taken to assure the safety of the child who is [reported] ALLEGED TO HAVE BEEN SUBJECTED TO A REPORTABLE INCIDENT IN A REPORT to the [state] VULNERABLE PERSONS' central register IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW as well as 18 other children in care, immediately upon notification that SUCH a report of [child abuse or maltreatment] AN ALLEGATION OF A REPORTABLE INCIDENT has been made with respect to a child in such residential facility or program; (v) removing a child when it is determined that there is risk to such child if he or she continues to remain within a residential facility or program; and (vi) appropriate preventive and remedial action to be taken including legal actions, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. (VII) CONSISTENT WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS, ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNERABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR OTHERWISE USED IN ANY POSITION IN WHICH SUCH INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW. Such standards shall also establish as a priority requirements that: (A) subject to the amounts appropriated therefore, administrators, employees, volunteers and consultants receive training in at least the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from [abuse and maltreatment] REPORTABLE INCIDENTS, and other appropriate topics, provided, however, that the department may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or experience; and (B) subject to the amounts appropriated therefore, children receive instruction, consistent with their age, needs and circumstances as well as the needs and circumstances within the program, in techniques and procedures which will enable such children to protect themselves from [abuse and maltreatment] REPORTABLE INCIDENTS. The department shall take all reasonable and necessary actions to assure that employees, volunteers and consultants in residential facilities and programs are kept apprised on a current basis of all department policies and procedures relating to the protection of children from [abuse and maltreatment] REPORTABLE INCIDENTS, and shall monitor and supervise the provision of training to such employees, volunteers and consultants. Regulations and standards developed pursuant to this subdivision shall, to the extent possible, be consistent with those promulgated by other state agencies for such purposes. (b) [Cooperate with the state department of social services to protect the health and safety of pupils at the school pursuant to title six of article six of the social services law. Such cooperation shall include: the making of reports of alleged child abuse or maltreatment; providing necessary assistance to the state department of social services in the department's investigation thereof and considering the recommendations of the state department of social services for preventive and remedial action including legal action and provide or direct the residential facility to provide such written reports thereon to the department of 16 social services as to the implementation of plans of prevention and remediation approved by the department of education; and (c)] Provide for the development and implementation of a plan of prevention and remediation with respect to [an indicated] A SUBSTANTIATED report of [child abuse or maltreatment] A REPORTABLE INCIDENT. Such action shall include: (i) within ten days of receipt of [an indicated] SUCH A report of [child abuse or maltreatment] A REPORTABLE INCI- 23 DENT, development and implementation of a plan of prevention and remediation to be taken with respect to a custodian or the residential facility in order to assure the continued health and safety of children and to provide for the prevention of future acts [of abuse or maltreatment] CONSTITUTING REPORTABLE INCIDENTS; and (ii) development and implementation of a plan of prevention and remediation, in the event an investigation of a report of AN alleged [child abuse or maltreatment] REPORTABLE INCIDENT determines that some credible evidence of [abuse or maltreatment] SUCH REPORTABLE INCIDENT exists and such [abuse or maltreatment] REPORTABLE INCIDENT may be attributed in whole or in part to noncompliance by the residential facility or program with provisions of this chapter or regulations of the department applicable to the operation of a residential facility or program. Any plan of prevention and remediation required to be developed [pursuant to paragraph (ii) of this subdivision] by a facility supervised by the department shall be submitted to and approved by the department in accordance with time limits established by regulations of the department. Implementation of the plan shall be monitored by the department. In reviewing the continued qualifications of a residential facility or program for an operating certificate, the department shall evaluate such facility's compliance with plans of prevention and remediation developed and implemented pursuant to this subdivision.

553. Protection of People with Special Needs. Powers and duties of the justice center. The justice center shall have the following powers and duties: 1. To create and establish the statewide vulnerable persons' central register, as set forth in section four hundred ninety-two of the social services law, which shall include, but not be limited to: (a) establishing procedures for the timely response to, and effective investigation of, allegations of reportable incidents that are accepted by the statewide vulnerable persons' central register; (b) establishing procedures for the notification of appropriate persons and entities with respect to reports and findings of reportable incidents; (c) representing the state in all administrative hearings and other administrative proceedings relating to discipline of state employees and adjudication of individuals charged with having committed or found to have committed abuse or neglect, as defined in subdivision eleven of section four hundred eighty-eight of the social services law (for state entities bound by collective bargaining, the disciplinary process established through collective bargaining shall govern); (d) identifying a process for a coordinated approach to avoid duplication and provide for timely responses to allegations of reportable incidents in dually licensed or co-located facilities and provider agencies, which shall include designation of a lead agency primarily responsible for carrying out the responsibilities of a facility or provider agency pursuant to article eleven of the social services law, including but not limited to incident management and reporting, provided that in making any such designation or re-designation of such lead agency, consideration shall be given to the following factors: the proportion of services provided or recipients served in the dually licensed or co-located facilities and provider agencies pursuant to each license or certification granted by a state oversight agency, the recommendations of the respective state oversight agencies that granted such licensure or certification, and the designation or re-designation that would best protect the health, safety and welfare of vulnerable persons served by such facilities and provider agencies; provided, further that once designated, a lead agency shall only be re-designated as necessary to protect the health, safety and welfare of vulnerable persons served by such facilities and provider agencies; (e) where applicable, establishing uniform procedures for character and competence reviews of provider agencies initially, and upon renewal of licenses and operating certificates requiring a review of performance records regarding incident management, the role of the board of directors in maintaining oversight over agency performance in this area, and the management of reportable incidents affecting the safety of vulnerable persons, including cases of systemic problems; and (f) establishing training curricula for employers and employees who provide care and treatment to vulnerable persons, and those who are in supervisory positions with respect to such employees, regarding their obligations to report, investigate and prevent reportable incidents. Training and curricula shall address topics, including but not limited to: (i) how to identify and report reportable incidents; (ii) the prevention of abuse and neglect; (iii) the duty to report reportable incidents; (iv) how to adhere to applicable codes of conduct; (v) the disciplinary process and employees' rights pursuant to this article; and (vi) how supervisory staff and management can promote compliance with this article by new and existing employees. Such training, which shall be given on a periodic basis, shall include, but not be limited to, live training and supplemental courses accessible via the internet. Prior to implementation of this article, the justice center shall provide adequate interactive training, which shall include live training to the extent practicable. Employees may call the hotline established pursuant to subdivision two of section four hundred ninety-two of the social services law, and upon inquiry, be given advice and assistance in complying with their obligations and duties pursuant to this article. 2. To maintain a central repository for data relating to the investigation of all reportable incidents; 3. To establish procedures for review of reportable incidents, to identify preventive and corrective actions and to develop and implement such actions and plans of improvement subject to the requirements of any federal oversight entity; 4. To develop standards and training curricula for investigators who will be assigned to investigate reportable incidents involving vulnerable persons, and to provide periodic training to such investigators. Such standards, curricula and training shall address topics including, but not limited to: (a) how to identify and investigate reportable incidents; (b) the duty to report reportable incidents; (c) the requirements of all codes of conduct; (d) all applicable disciplinary processes; and (e) employees' rights pursuant to this article; 5. To review and evaluate the criminal history information for any person applying to be an employee, volunteer or consultant for whom a criminal background check is required by law as a condition of employment at any facilities or provider agencies as defined in subdivision four of section four hundred eighty-eight of the social services law that are operated, licensed or certified by the office of mental health, the office for people with developmental disabilities and the office of children and family services. Such review and evaluation shall include but not be limited to a requirement that the applicant sign a sworn statement whether, to the best of his or her knowledge, he or she has ever been convicted of a crime in this state or any other jurisdiction; 6. To conduct periodic orientation, training and informational programs upon appointment or reappointment, and as otherwise needed, to assist the members of the boards of visitors of mental hygiene facilities to fulfill their responsibilities pursuant to law; 7. (a) To visit, inspect and appraise the management of facilities or provider agencies as defined in subdivision four of section four hundred eighty-eight of the social services law providing services to vulnerable persons with specific attention to the safety, security and quality of care provided to patients and residents; (b) To provide staff and other necessary assistance upon request to boards of visitors of department of mental hygiene facilities in performing their duties pursuant to law;(c) To receive and review periodic and annual reports of the boards of visitors of each department of mental hygiene facility;(d) To place such members of its staff as it deems appropriate as monitors in any facility or provider agency as defined in subdivision four of section four hundred eighty-eight of the social services law which, in the judgment of the executive director, presents an imminent danger to the health or safety of the patients, residents or employees of such facility; 8. To accept, as agent of the state, any grant, including federal grants, or any gift for any of the purposes of this article. Any moneys so received may be expended by the justice center to effectuate any purpose of this article, subject to the same limitations as to approval of expenditures and audit as are prescribed for state moneys appropriated for the purposes of this article; 9. To enter into contracts with any person, firm, corporation, municipality or governmental agency for the performance of functions authorized by law; 10. To administer an adult home and residence for adults resident advocacy program to assist residents, who have at any time received or are receiving services from a mental hygiene provider, of adult homes and residences for adults, as defined in section two of the social services law, where at least twenty-five percent or twenty-five residents, whichever is less, have at any time received or are receiving services from a mental hygiene provider which is licensed, operated or funded by the office of mental health or office for people with developmental disabilities, in understanding their legal rights, and to promote and protect the rights of such residents. 11. To advise and assist vulnerable persons and individuals with disabilities, family members, advocates, service providers and community organizations in the formation of strategies to identify and meet the needs of vulnerable persons and individuals with disabilities for services, supports and advocacy; 12. To advise and assist the governor and public and private entities in the development and implementation of state policies which meet the needs of vulnerable persons and individuals with disabilities in a manner that is respectful of the rights and choices of vulnerable persons and individuals with disabilities; 13. To serve as a clearinghouse for information relating to services, supports and advocacy for vulnerable persons and individuals with disabilities and provide a statewide system of information and referral to link persons seeking information and assistance with public and private sector services, supports and advocacy which may be appropriate to meet their needs; 14. To advise and assist the governor, state agencies, vulnerable persons, individuals with disabilities and public and private sector entities in the design and implementation of initiatives to increase access to technology related assistance for vulnerable persons and individuals with disabilities; 15. To administer the surrogate decision-making committee program, as authorized pursuant to article eighty of the mental hygiene law; 16. To stimulate community interest in the problems experienced by vulnerable persons and individuals with disabilities and promote public awareness of resources available to such persons and individuals; 17. To advise and assist political subdivisions of the state in the development of local programs for vulnerable persons and individuals with disabilities; 18. To advise and assist educational institutions in the state in the development of courses of study for persons engaged in public and private programs for vulnerable persons and individuals with disabilities; 19. To conduct or cause to be conducted such studies of the needs of vulnerable persons and individuals with disabilities as may be appropriate; 20. To do all other things necessary to carry out its functions, powers and duties set forth in this article; 21. To receive and review reports required pursuant to section 16.19 of the mental hygiene law and take any action as required by law. The justice center also shall assist the commissioner of the office for people with developmental disabilities in developing and preparing recommendations required by paragraph three of subdivision (d) of section 16.19 of the mental hygiene law for submission to the governor, temporary president of the senate and speaker of the assembly; 22. To prepare and disseminate an educational pamphlet, and serve as an information clearinghouse, on the rights of parents and legal representatives and advocates to access records and reports relating to patient care and treatment and all other relevant documents from programs and facilities that are licensed, certified or operated by the offices of mental health, people with developmental disabilities, alcoholism and substance abuse services, and children and family services, and the department of health and the state education department. Such pamphlet shall include a discussion of how to appeal a decision denying a requested record or report; 23. To consult with the commissioner of education regarding the promulgation of rules and regulations requiring that every school bus driver and school bus attendant serving students with disabilities receive training and instruction relating to the understanding of and attention to the special needs of such students pursuant to subdivision one of section thirty-six hundred fifty of the education law and subdivision four of section twelve hundred twenty-nine-d of the vehicle and traffic law; 24. To monitor and make recommendations regarding the quality of care provided to inmates with serious mental illness, including those who are in a residential mental health treatment unit or segregated confinement in facilities operated by the department of corrections and community supervision, and oversee compliance with paragraphs (d) and (e) of subdivision six of section one hundred thirty-seven, and section four hundred one of the correction law. Such responsibilities shall be carried out in accordance with section four hundred one-a of the correction law; 25. (a) To make a preliminary determination whether matters referred to its attention, warrant investigation and, if so, conduct an investigation of such scope and duration as it deems necessary and proper;(b) Make findings concerning such matters referred to its attention and, where it deems appropriate, make a report and recommendations, which shall be provided to the commissioner and to the director of the facility involved. Such commissioner and director shall each make a written response, within ninety days of receipt of such report, of action taken regarding each of the recommendations in the report; 26. To review the cost effectiveness of mental hygiene programs and procedures provided for by law with particular attention to efficiency, effectiveness and economy in the management, supervision and delivery of such programs. Such review may include but is not limited to: (a) determining reasons for rising costs and possible means of controlling them; (b) analyzing and comparing expenditures in mental hygiene to determine the factors associated with variations in costs; and (c) analyzing and comparing achievements in selected samples to determine the factors associated with variations in program success and their relationship to mental hygiene costs; and 27. In its discretion, to review the policies and practices relating to the prevention of abuse or neglect in facilities or provider agencies, including staffing patterns of various service models and the supervision required to help ensure the safety of service recipients.

4314 Protection of pupils. The department shall: (a) Promulgate regulations concerning standards for the protection of 50 children in residential care from [abuse and maltreatment] REPORTABLE INCIDENTS IN ACCORDANCE WITH THIS SECTION AND ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW, including procedures for: (i) consistent with appropriate collective agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references, and relevant experiential and educational information, and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction (ii) establishing for employees, relevant minimal experiential and educational qualifications consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (iii) assuring adequate and appropriate supervision of employees, volunteers and consultants; (iv) demonstrating by a residential facility or program that appropriate action is taken to assure the safety of the child who is [reported] 15 ALLEGED TO HAVE BEEN SUBJECTED TO A REPORTABLE INCIDENT IN A REPORT to 16 the [state] VULNERABLE PERSONS' central register IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW as well as 18 other children in care, immediately upon notification that SUCH a report 19 of [child abuse or maltreatment] AN ALLEGATION OF A REPORTABLE INCIDENT 20 has been made [with respect to a child in such residential facility or 21 program]; 22 (v) removing a child when it is determined that there is risk to such 23 child if he or she continues to remain within a residential facility or 24 program; and 25 (vi) appropriate preventive and remedial action to be taken including 26 legal actions, consistent with appropriate collective bargaining agree- 27 ments and applicable provisions of the civil service law. 28 Such standards shall also establish as a priority requirements that: 29 (1) subject to the amounts appropriated therefor, administrators, 30 employees, volunteers and consultants receive training in at least the 31 following: child abuse prevention and identification, safety and secu- 32 rity procedures, the principles of child development, the character- 33 istics of children in care and techniques of group and child management 34 including crisis intervention, the laws, regulations and procedures 35 governing the protection of children from [abuse and maltreatment] 36 REPORTABLE INCIDENTS, and other appropriate topics, provided however, 37 that the department may exempt administrators and consultants from such 38 requirements upon demonstration of substantially equivalent knowledge or 39 experience; and 40 (2) subject to the amounts appropriated therefor, children receive 41 instruction, consistent with their age, needs and circumstances as well 42 as the needs and circumstances within the facility or program, in tech- 43 niques and procedures which will enable such children to protect them- 44 selves from [abuse and maltreatment] REPORTABLE INCIDENTS. 45 The department, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR OF THE 46 JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, shall 47 take all reasonable and necessary actions to assure that employees, 48 volunteers and consultants in residential facilities are kept apprised 49 on a current basis of all department policies and procedures relating to 50 the protection of children from [abuse and maltreatment] REPORTABLE 51 INCIDENTS and shall monitor and supervise the provision of training to 52 such employees, volunteers and consultants. Regulations and standards 53 developed pursuant to this section shall, to the extent possible, be 54 consistent with those promulgated by other state agencies for such 55 purposes;

S. 7749 76 A. 10721 1 (b) [Cooperate with the state department of social services to protect 2 the health and safety of pupils at the school pursuant to title six of 3 article six of the social services law. Such cooperation shall include: 4 the making of reports of alleged child abuse or maltreatment; providing 5 necessary assistance to the state department of social services in the 6 department's investigation thereof and considering the recommendations 7 of the state department of social services for preventive and remedial 8 action including legal action and provide or direct the residential 9 facility to provide such written reports thereon to the department of 10 social services as to the implementation of plans of prevention and 11 remediation approved by the department; and 12 (c)] Provide for the development and implementation of a plan of 13 prevention and remediation with respect to [an indicated] A SUBSTANTI- 14 ATED report of [child abuse or maltreatment] A REPORTABLE INCIDENT. 15 Such action shall include: (i) within ten days of receipt of [an indi- 16 cated] SUCH A report of [child abuse or maltreatment] A REPORTABLE INCI- 17 DENT, development and implementation of a plan of prevention and remedi- 18 ation to be taken with respect to a custodian or the residential 19 facility in order to assure the continued health and safety of children 20 and to provide for the prevention of future acts [of abuse or maltreat- 21 ment] CONSTITUTING REPORTABLE INCIDENTS; and (ii) development and imple- 22 mentation of a plan of prevention and remediation, in the event an 23 investigation of a report of AN alleged [child abuse or maltreatment] 24 REPORTABLE INCIDENT determines that some credible evidence of [abuse or 25 maltreatment] SUCH REPORTABLE INCIDENT exists and such [abuse or 26 maltreatment] REPORTABLE INCIDENT may be attributed in whole or in part 27 to noncompliance by the residential facility or program with provisions 28 of this chapter or regulations of the department applicable to the oper- 29 ation of such residential facility or program. Any plan of prevention 30 and remediation required to be developed pursuant to [paragraph (ii) of] 31 this subdivision by a facility supervised by the department shall be 32 submitted to and approved by the department in accordance with time 33 limits established by regulations of the department. Implementation of 34 the plan shall be monitored by the department. In reviewing the contin- 35 ued qualifications of a residential facility or program for an operating 36 certificate, the department shall evaluate such facility's compliance 37 with plans of prevention and remediation developed and implemented 38 pursuant to this subdivision. 39 S 3. Section 4358 of the education law, as added by chapter 677 of the 40 laws of 1985, subdivisions (a), (b) and (c) as amended by chapter 32 of 41 the laws of 1992, is amended to read as follows: Protection of pupils. The department shall: (a) Promulgate regulations concerning standards for the protection of 44 children in residential care from [abuse and maltreatment] REPORTABLE 45 INCIDENTS IN ACCORDANCE WITH THIS SECTION AND ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW, including procedures for: (i) consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law, the review and evaluation of the backgrounds of and the information supplied by any person applying to be an employee, a volunteer or consultant, which shall include but not be limited to the following requirements: that the applicant set forth his or her employment history, provide personal and employment references and relevant experiential and educational information, and sign a sworn statement indicating whether the applicant, to the best of his or her knowledge, has ever been convicted of a crime in this state or any other jurisdiction; (ii) establishing, for employees, relevant minimal experiential and educational qualifications, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law; (iii) assuring adequate and appropriate supervision of employees, volunteers and consultants; (iv) demonstrating by a residential facility or program that appropriate action is taken to assure the safety of the child who is [reported] ALLEGED TO HAVE BEEN SUBJECTED TO A REPORTABLE INCIDENT IN A REPORT to the [state] VULNERABLE PERSONS' central register IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW as well as other children in care, immediately upon notification that SUCH a report of [child abuse or maltreatment] AN ALLEGATION OF A REPORTABLE INCIDENT has been made [with respect to a child in such facility or program]; (v) removing a child when it is determined that there is risk to such child if he or she continues to remain within a facility or program; and (vi) appropriate preventive and remedial action to be taken including legal actions, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. Such standards shall also establish as a priority requirements that: (A) subject to the amounts appropriated therefore, administrators, employees, volunteers and consultants receive training in at least the following: child abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics of children in care and techniques of group and child management including crisis intervention, the laws, regulations and procedures governing the protection of children from [abuse and maltreatment] REPORTABLE 28 INCIDENTS, and other appropriate topics, provided however, that the department may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or experience; and (B) subject to the amounts appropriated therefore, children receive instruction, consistent with their age, needs and circumstances as well as th