Bill Text: VA HB485 | 2024 | Regular Session | Prefiled
Bill Title: School boards; employee criminal history records checks and applications, penalty for noncompliance.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-07 - Continued to 2025 in Education by voice vote [HB485 Detail]
Download: Virginia-2024-HB485-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§22.1-296.1, 22.1-296.2, and 22.1-296.4 of the Code of Virginia are amended and reenacted as follows:
§22.1-296.1. Data on convictions for certain crimes and child abuse and neglect required; penalty.
A. As a condition of employment for all of its public school
employees, whether (i) the
position is full-time or part-time,; permanent,
or temporary,; or in-person, remote, or
some combination thereof or (ii) the employee is fully
licensed, provisionally licensed, or unlicensed, every
school board shall require on its application for employment certification of
whether the applicant has been convicted of any violent felony set forth in the
definition of barrier crime in subsection A of §19.2-392.02; any offense
involving the sexual molestation, physical or sexual abuse, or rape of a child,
or the solicitation of any such offense; or any crime of moral turpitude. Any
individual making a materially false statement regarding any such offense is
guilty of a Class 1 misdemeanor and, in the case of a teacher, upon conviction,
the fact of such conviction is grounds for the Board to revoke his license to
teach.
B. No school board shall employ any individual who has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of §19.2-392.02 or any offense involving the sexual molestation of, physical or sexual abuse, or rape of a child, or the solicitation of any such offense.
C. Any school board may employ any individual who has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of §19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense, provided that in the case of a felony conviction, such individual has had his civil rights restored by the Governor.
D. Every school board shall also require on its application
for employment, as a condition of employment requiring direct contact with
students, whether (i) the position is
full-time or part-time,; permanent,
or temporary,; or in-person, remote, or
some combination thereof or (ii) the employee is fully licensed, provisionally
licensed, or unlicensed, certification that the applicant
has not been the subject of a founded case of child abuse and neglect. Any
person making a materially false statement regarding a finding of child abuse
and neglect is guilty of a Class 1 misdemeanor and upon conviction, the fact of
such conviction is grounds for the Board to revoke such person's license to
teach.
E. As a condition of awarding a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities, the school board shall require the contractor to provide certification of whether any individual who will provide such services has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of §19.2-392.02; any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense; or any crime of moral turpitude.
Any individual making a materially false statement regarding any such offense is guilty of a Class 1 misdemeanor and, upon conviction, the fact of such conviction is grounds for the revocation of the contract to provide such services and, when relevant, the revocation of any license required to provide such services. School boards shall not be liable for materially false statements regarding the certifications required by this subsection.
This subsection shall not apply to a contractor or his employees providing services to a school division in an emergency or exceptional situation, such as when student health or safety is endangered or when repairs are needed on an urgent basis to ensure that school facilities are safe and habitable, when it is reasonably anticipated that the contractor or his employees will have no direct contact with students.
F. No school board shall award a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities when any individual who provides such services has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of §19.2-392.02 or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense.
G. Any school board may award a contract for the provision of services that require the contractor or his employees to have direct contact with students on school property during regular school hours or during school-sponsored activities when any individual who provides such services has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of §19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense, provided that in the case of a felony conviction, such individual has had his civil rights restored by the Governor.
H. For the purposes of this section, "school board" includes the Board of Visitors of the Virginia School for the Deaf and the Blind, which, for the purpose of receiving criminal history record information pertaining to an application for employment from the Central Criminal Records Exchange, shall be a governmental entity.
§22.1-296.2. Fingerprinting required; reciprocity permitted.
A. As a condition of employment, the school boards of the
Commonwealth shall require any applicant who is offered or accepts employment,
whether (i) the position is full time or part time or; permanent or temporary,; or
in-person, remote, or some combination thereof or (ii) the employee is fully
licensed, provisionally licensed, or unlicensed, to submit to
fingerprinting and to provide personal descriptive information to be forwarded
along with the applicant's fingerprints through the Central Criminal Records
Exchange to the Federal Bureau of Investigation for the purpose of obtaining
criminal history record information regarding such applicant. The school board
may (i) (a)
pay for all or a portion of the cost of the fingerprinting or criminal records
check or (ii) (b)
in its discretion, require the applicant to pay for all or a portion of the
cost of such fingerprinting or criminal records check.
The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall report to the school board, which shall be a governmental entity, whether or not the applicant has ever been convicted of a felony or a Class 1 misdemeanor or an equivalent offense in another state.
To conserve the costs of conducting criminal history record checks to applicants and school boards, upon the written request and permission of the applicant, a school board shall inform another school board with which reciprocity has been established, and to which the applicant also has applied for employment, of the results of the criminal history record information conducted within the previous 90 days that it obtained concerning the applicant. Criminal history record information pertaining to an applicant for employment by a school board shall be exchanged only between school boards in the Commonwealth in which a current agreement of reciprocity for the exchange of such information has been established and is in effect. Reciprocity agreements between school boards shall provide for the apportionment of the costs of the fingerprinting or criminal records check between the applicant and the school board, as prescribed in this section. However, school boards that enter into reciprocity agreements shall not each levy the costs of the fingerprinting or criminal records check on the applicant.
B. The division superintendent shall inform the relevant
school board of any notification of arrest of a school board employee received
pursuant to §19.2-83.1. The school board shall require such employee, whether (i) the position is full time or part time or; permanent or temporary,; or
in-person, remote, or some combination thereof or (ii) the employee is fully
licensed, provisionally licensed, or unlicensed, to submit
to fingerprinting and to provide personal descriptive information to be
forwarded along with the employee's fingerprints through the Central Criminal Records
Exchange to the Federal Bureau of Investigation for the purpose of obtaining
criminal history record information regarding such employee. The school board
may (i) (a)
pay for all or a portion of the cost of the fingerprinting or criminal records
check or (ii) (b)
in its discretion, require the applicant to pay for all or a portion of the
cost of such fingerprinting or criminal records check.
The Central Criminal Records Exchange, upon receipt of an employee's record or notification that no record exists, shall report to the school board whether or not the employee has been convicted of any of the offenses listed in subsection A. The contents of the employee's record shall be used by the school board solely to implement the provisions of §§22.1-307 and 22.1-315.
C. The Central Criminal Records Exchange shall not disclose information to the school board regarding charges or convictions of any crimes not specified in this section. If an applicant is denied employment or a current employee is suspended or dismissed because of information appearing on his criminal history record, the school board shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant or employee. The information provided to the school board shall not be disseminated except as provided in this section.
D. For the purposes of this section, "school board" includes the Board of Visitors of the Virginia School for the Deaf and the Blind, which, for the purpose of receiving criminal history record information pertaining to an application for employment from the Central Criminal Records Exchange, shall be a governmental entity.
E. In the event that any school board fails or refuses to perform its duty to require any employee to undergo a criminal history record records check as set forth in subsections A and B, each individual member of such board is guilty of a Class 3 misdemeanor and his position on such school board shall be deemed vacant.
§22.1-296.4. Child abuse and neglect data required.
A. Every school board and every governing board or
administrator of a private school accredited pursuant to §22.1-19 shall
require, as a condition of employment, that any applicant who is offered or
accepts employment requiring direct contact with students, whether (i) the position is full-time or part-time,; permanent or temporary,; or
in-person, remote, or some combination thereof or (ii) the employee is fully
licensed, provisionally licensed, or unlicensed, provide written
consent and the necessary personal information for the school board, governing
board, or administrator to obtain a search of the registry of founded
complaints of child abuse and neglect maintained by the Department of Social
Services pursuant to §63.2-1515. The school board, governing board, or
administrator shall ensure that all such searches are requested in conformance
with the regulations of the Board of Social Services. In addition, where the
applicant has resided in another state within the last five years, the school
board, governing board, or administrator shall require as a condition of
employment that such applicant provide written consent and the necessary
personal information for the school board, governing board, or administrator to
obtain information from each relevant state as to whether the applicant was the
subject of a founded complaint of child abuse and neglect in such state. The
school board, governing board or administrator shall take reasonable steps to
determine whether the applicant was the subject of a founded complaint of child
abuse and neglect in the relevant state. The Department of Social Services
shall maintain a database of central child abuse and neglect registries in
other states that provide access to out-of-state school boards, for use by
local school boards, governing boards, and administrators. The applicant may be
required to pay the cost of any search conducted pursuant to this subsection at
the discretion of the school board, governing board, or administrator. From
such funds as may be available for this purpose, however, the school board or
the governing board or administrator may pay for the search.
The Department of Social Services shall respond to such request by the school board, governing board, or administrator in cases where there is no match within the central registry regarding applicants for employment within 10 business days of receipt of such request. In cases where there is a match within the central registry regarding applicants for employment, the Department of Social Services shall respond to such request by the school board, governing board, or administrator within 30 business days of receipt of such request. The request and response may be sent electronically or by first-class mail or facsimile transmission.
B. If the response obtained pursuant to subsection A indicates that the applicant is the subject of a founded case of child abuse and neglect, such applicant shall be denied employment or the employment shall be rescinded.
C. If an applicant is denied employment because of information appearing on his record in the registry, the school board, governing board, or administrator shall provide a copy of the information obtained from the registry to the applicant. The information provided to the school board, governing board, or administrator by the Department of Social Services shall be confidential and shall not be disseminated by the school board, governing board, or administrator.
